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THE CITY OF LAKE ELMO STAFF REPORT DATE: July 17,2018 REGULAR ITEM#: 21 TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Northport 2nd Addition Development Agreement REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsalla, City Attorney Kristina Handt, City Administrator BACKGROUND: On July 17, 2018, the City Council adopted Resolution 2018-081 approving the Final Plat of Northport 2nd Addition. An executed Development Agreement is a condition of final plat approval and is required prior to recording the final plat with Washington County. ISSUE BEFORE COUNCIL: The City Council is being asked to adopt Resolution 2018-082 approving the Development Agreement for Northport 2nd Addition. REVIEW/ANALYSIS: A condition of approval of the Northport 2nd Addition Final Plat is that the developer enter into a Development Agreement prior to the execution of the plat by City officials. Staff has drafted this Development Agreement which is attached for consideration by the City Council. The key aspects of the agreement include the following components: • The Developer provide executed warranty deeds to the City for recording for Outlot B. • Legal documents regarding homeowner association documents,covenants, and restrictions are to be submitted, reviewed, and approved by the City Attorney. • That all public improvements be completed by October 31, 2018,with the exception of the final wear course of asphalt on streets. • The developer satisfied the park dedication requirements for the entire subdivision with the 1st Addition. • That the developer provide a letter of credit in the amount of$856,076 related to the cost of the proposed improvements. City Council—Staff Report Regular Item#_ Meeting date:812112018 Page 2 • That the developer provide a cash deposit of $219,143 for SAC and WAC charges, engineering administration, required park dedication fees and park dedication fees to be paid in lieu of planting agreed-upon number of trees,base map updating costs, one year of street light operating costs. • A credit from a previously submitted letter of credit from Northport's Grading Agreement was applied so there was no duplication of already in-place securities for grading, tree preservation, and wetland mitigation and buffers. The construction plans approval for the project are expected, but had not been given prior to the preparation of this report. If approved, the final page of the Development Agreement will be updated to include the final construction plan dates. The Development Agreement will not be executed until the final construction plans are approved, all fees and securities, and insurance certificates are received among other requirements. Only after recording of the final plat and the completion of a pre-construction meeting with the City can the construction commence. FISCAL IMPACT: The future financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains,lift stations,and other public infrastructure,maintenance of storm water ponding areas (after warranty period), monthly lease payments for street lights, and other public financial responsibilities typically associated with a new development. The City will collect building permit fees, Sewer Accessibility Charges and Water Accessibility Charges and property taxes for the 64 lot single family residential subdivision. OPTIONS: The City Council has the following options: 1) Adopt Resolution 2018-082 approving the Development Agreement for Northport 2nd Addition; or 2) Direct Staff to amend the draft Development Agreement to bring back to a future City Council meeting. RECOMMENDATION: Staff recommends the City Council adopt Resolution 2018-082 approving the Development Agreement for Northport 2nd Addition. "Move to adopt Resolution 2018-082 approving the development agreement for Northport 2nd Addition Final Plat" ATTACHMENTS: • Resolution 2018-082 • Northport 2nd Addition Development Agreement CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-082 A RESOLUTIONAPPROVING A DEVELOPER'S AGREEMENT FOR NORTHPORT 2ND ADDITION FINAL PLAT WHEREAS,the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS,Pulte Homes of MN, LLC of 7500 Flying Cloud Drive, Suite 670,Eden Prairie, MN 55344 ("Applicant")has previously submitted an application to the City of Lake Elmo ("City") for a Final Plat for Northport f/k/a Village Park Preserve; and WHEREAS, on June 30, 2014, the Lake Elmo Planning Commission reviewed a General Sketch Plan of Northport f/k/a Village Park Preserve; and WHEREAS, on July 15, 2014, the Lake Elmo City Council approved a Comprehensive Plan Amendment to re-guide PID# 13.029.21.44.0002 from Rural Area Development to Urban Low Density Residential; and WHEREAS,on September 16,2014,the Lake Elmo City Council adopted Resolution 2014-74 approving the Preliminary Plat for a 104-unit single family subdivision, subject to 13 conditions; and WHEREAS, on September 5, 2017, the Lake Elmo City Council adopted Resolution 2017-089 on September 5, 2017 approving the Final Plat for Northport f/k/a Village Park Preserve; and WHEREAS, on July 17, 2018, the Lake Elmo City Council adopted Resolution 2018- 081 approving the Final Plat for Northport 2nd Addition; and WHEREAS, a condition of approval of said Resolution 2018-081 establishes that prior to execution of the Final Plat by City officials,the Applicant shall enter into a Developer's Agreement with the City; and WHEREAS,the Applicant and the City have agreed to enter into such a contract and a copy of the Developer's Agreement was submitted to the City Council for consideration at its July 17,2018 meeting; NOW,THEREFORE,BE IT RESOLVED THAT the City Council does hereby approve the Developer's Agreement for Northport 2nd Addition and authorizes the mayor and city Clerk to execute the document. Passed and duly adopted this 17'day of July,2018 by the City Council of the City of Lake Elmo, Minnesota. 1 Resolution 2018-082 Mike Pearson,Mayor ATTEST: Julie Johnson, City Clerk 2 Resolution 2018-082 (reserved for recording information) DEVELOPMENT AGREEMENT (Public sewer and water) NORTHPORT 2ND ADDITION THIS DEVELOPMENT AGREEMENT is dated , 2018, by and between the CITY OF LAKE ELMO, a Minnesota municipal corporation (the "City") and Pulte Homes of Minnesota LLC, a Minnesota limited liability company (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Northport 2nd Addition (referred to in this Agreement as the "Subdivision"). The property being platted is situated in the County of Washington, State of Minnesota, and is legally described on Exhibit A. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Subdivision on condition that the Developer enter into this Agreement, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 120 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of the Property and the construction therein of certain public and private improvements. The Developer 1 529775v2 SJS LA515-39 may not grade or otherwise disturb the earth, remove trees or construct public or private improvements or any buildings within the Subdivision until all the following conditions precedent have been satisfied: A. the Developer has prepared deeds conveying fee title of Outlot B to the City and provided copies of the executed deed to the City for recording with Washington County; B. the Developer has executed and recorded with Washington County all drainage and utility easements required for the Subdivision by the City Engineer and Public Works Director in the City's standard form or the easements have been dedicated to the City on the plat; C. the Developer has executed and recorded with Washington County the storm water maintenance and easement agreement in the City's standard form; D. this Agreement has been executed by the Developer and the City; E. the required Security (as hereinafter defined) have been received by the City from or on behalf of the Developer; F. final construction plans and specifications have been submitted by the Developer and approved by the City Engineer; G. the Developer has paid the City for all legal, engineering, and administrative expenses incurred by the City regarding the City approvals and has given the City the additional City Engineering Administration Escrow required by this Agreement; H. the Developer has paid any outstanding assessments and taxes for the property; I. the Developer has fulfilled any park dedication requirements as specified under this Agreement; J. the Developer has received all necessary permits from the MPCA, MDH, DNR, applicable watershed, Washington County, and any other agency having jurisdiction over the 2 529775v2 SJS LA515-39 Subdivision; K. the Developer has provided the City with a certificate of insurance required by this Agreement; L. the Developer or the Developer's engineer and the Developer's contractor(s) have initiated and attended a preconstruction meeting with the City Engineer and City staff; M. the final plat has been recorded with Washington County; N. all homeowners' association declarations, covenants, and restrictions have been submitted, reviewed, and approval by the City Attorney; O. a title insurance policy has been issued in the amount of $100,000 in favor of the City insuring the City's interests as they appear on the plat; and P. the City has issued a written notice that all above conditions have been satisfied and that the Developer may proceed; 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases of the development if the Developer is not in compliance with any term of this Agreement and the non-compliance has not been remedied. Development of subsequent phases of the development may not proceed until development agreements for such phases are approved by the City. Park dedication charges and availability charges for sewer and water referred to in this Agreement are not being imposed on outlots that are designated in the plat for future subdivision into lots and blocks, if any, in the plat. Such charges will be calculated and imposed when these outlots, if any, are platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the Subdivision is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within five years after preliminary plat approval. 3 529775v2 SJS LA515-39 6. CHANGES IN OFFICIAL CONTROLS. For five years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout, or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any changes to the City's Comprehensive Plan or official controls, including, but not limited to, any platting or dedication requirements enacted after the date of this Agreement. 7. DEVELOPMENT PLANS. The Developer agrees to develop the Property in accordance with the City approvals, including the terms and conditions of approval of the final plat as detailed in City Council Resolution No. 2018-XX, and to construct all improvements in accordance with the approved construction plans and specifications (collectively, the "Plans") prepared by a professional engineer registered in the State of Minnesota at its sole expense. All terms and conditions of the City approvals are hereby incorporated by reference into this Agreement. The documents which constitute the Plans are those on file with and approved by the City and are listed on Exhibit B attached hereto. The Plans may not be modified by the Developer without the prior written approval of the City. 8. IMPROVEMENTS. In developing the Subdivision in accordance with the Plans, the Developer shall make or install at its sole expense the following public and private improvements (collectively, the "Subdivision Improvements"): A. Grading and erosion control; B. Sanitary sewer; C. Water system improvements; D. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs, etc.) E. Streets and sidewalks; F. Trails; 4 529775v2 SJS LA515-39 G. Underground private utilities; H. Landscaping; I. Street lighting and signage; J. Intersection improvements (turn lanes, by-pass lanes, traffic control, etc.); K. Tree preservation and reforestation; L. Wetland mitigation and buffers; and M. Monuments required by Minnesota Statutes. All improvements shall be installed in accordance with the approved Plans, the City approvals, the City Code, the City's Engineering Design and Construction Standards Manual, and the City's Landscape and Irrigation Standards. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved Plans, the City approvals, the City Code, the City's Engineering Design and Construction Standards Manual, and the City's Landscape and Irrigation Standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors or a soil engineer inspect the Developer's work on a full or part-time basis. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. 9. CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of the City's approval of the final plat for the Subdivision, the Developer shall submit to the City an amount to be escrowed by the City for City administration and construction observation costs in an amount provided under paragraph 35 of this Agreement - Summary of Security Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an invoice, for all administration and construction observation costs incurred by the City during the construction of the Subdivision Improvements by the City's engineering, public works, planning, and landscape architecture staff and consultants. After 30 days of the 5 529775v2 SJS LA515-39 invoice, the City may draw upon the escrow and stop the work on site until the escrow has been replenished in its full amount. City administration and oversight will include monitoring of construction progress and construction observation, consultation with the Developer and the Developer's professionals on status or problems regarding the project, coordination for testing, final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in the Security. Construction observation shall include, at the discretion of the City, part or full time inspection of proposed public utilities and street construction. Services will be billed by the City on an hourly basis. The direction and review provided by the City through the inspection of the Subdivision Improvements should not be considered a substitute for the Developer-required management of the construction of the Subdivision Improvements. The Developer must require the Developer's contractor(s) to furnish the City with a schedule of proposed operations at least five days prior to the commencement of construction of each type of Subdivision Improvement. The City shall inspect all Developer-installed Subdivision Improvements during and after construction for compliance with the Plans, the City approvals, the City Code, the City's Engineering Design and Construction Standards Manual, and the City's Landscape and Irrigation Standards. The Developer will notify the City at such times during construction as the City requires for inspection purposes. Such inspection is pursuant to the City's governmental authority, and no agency or joint venture relationship between the City and the Developer is thereby created. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25 percent ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the Subdivision Improvements identified in Paragraph 8 above. 11. TIME OF PERFORMANCE. The Developer shall install all required Subdivision 6 529775v2 SJS LA515-39 Improvements by October 31, 2018, with the exception of the final wear course of asphalt on streets. The Developer shall install the bituminous wearing course of streets after the first course has weathered a winter season, consistent with warranty requirements, however,final acceptance of the Subdivision Improvements by the City will not be granted until all work is completed, including the final wear course. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the Security posted by the Developer to reflect cost increases and amending this Agreement to reflect the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all maintenance of the Subdivision Improvements including the snow plowing of the streets, roads, and alleys until the Subdivision Improvements are accepted by the City in writing. The Developer is also responsible to locate all underground utilities until the Subdivision is accepted in writing by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed by the Developer. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to ensure that the streets are passable for traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the Subdivision clean and clear of dirt and debris that may spill, track, or wash onto the street from the Developer's operations. The Developer shall contract for street cleaning for streets within and immediately adjacent to the Subdivision. At a minimum, scraping and sweeping shall take place on a weekly basis. Prior to the City's acceptance of the streets the City may agree, at the City's sole discretion, to keep the streets open during winter months by plowing snow. The City will consider 7 529775v2 SJS LA515-39 snow plowing streets on a case by case basis and under the following conditions: 1)the Developer must request in writing the streets it is requesting to be plowed by the City, with such request received prior to October 1st of each winter season that plowing is requested; 2) there must be residences along the street; 3) for streets that do not have the bituminous wear course placed, the Developer must install paved wedges along all curb lines and catch basins of the street; 4) gate valves and manholes must be level with the pavement surface; 5) street curves, center medians, and other protrusions in the right-of-ways must be delineated with "HI-VIS" fiberglass stakes; 6) a site review must be scheduled by the Developer and conducted with the City's Public Works Department with the Developer in attendance to review the streets that are being requested to be plowed prior to the commitment of plowing by the City; 7) the Developer must agree not to hold the City responsible for any damage caused by snow plowing operations to the streets, curb and gutter, manholes, catch basins, or other infrastructure; and 8) the Developer shall enter into an agreement with the City for plowing of the streets. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with the development of the Property and this Agreement. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the Subdivision via 30th Street North and Village Parkway. No construction traffic is permitted on other adjacent local streets including loading and unloading of equipment. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the Developer to construct the Subdivision Improvements in a sequence which will allow progress and compliance points to be measured and evaluated. The Developer and the Developer's representatives are required to supervise and coordinate all construction activities for all Subdivision Improvements and must notify the City in writing stating when the work is ready for 8 529775v2 SJS LA515-39 the inspection at each of the measurable points defined in the following paragraphs. 16. EROSION CONTROL. All construction regarding the Subdivision Improvements shall be completed in a manner designed to control erosion and in compliance with the City Code, the City's Engineering Design and Construction Standards Manual, all watershed district permits, the Minnesota Pollution Control Agency's best management practices, and other requirements including the City's permit with the Minnesota Pollution Control Agency for the municipal separate storm sewer system program. Prior to initiating any work on the site, an erosion control plan must be implemented by the Developer and inspected and approved by the City. Erosion and sediment control measures shall be coordinated with the various stages of development. The City may impose additional erosion control requirements at any stage in development as deemed necessary to maintain a compliant site. All areas disturbed for site improvements must be reseeded by the Developer promptly after the work in the area is complete unless construction of the next stage of the improvements will begin in that area within seven days. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within 10 days, the City may draw down the Security to pay any costs. No development, utility, or street construction will be allowed and no building permits will be issued by the City unless the Subdivision is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public Subdivision Improvements, the Developer assumes all responsibility for erosion control compliance throughout the Subdivision and the City may take such action as allowed by this Agreement against the Developer for any noncompliant issue as stated above. Erosion control plans for individual lots 9 529775v2 SJS LA515-39 will be required in accordance with the City's building permit requirements, or as required by the City or City Engineer. 17. SITE GRADING. In order to construct the Subdivision Improvements and otherwise prepare the Property for development, it will be necessary for the Developer to grade the Subdivision. All grading must be done in compliance with this Agreement and the approved grading plans. Within 30 days after completion of the grading, the Developer shall provide the City with an "as built" grading plan and a certification by a registered land surveyor or engineer as required in the City's Engineering Design and Construction Standards Manual. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain, and streets, including turn lane and intersection improvements, shall be installed in accordance with the approved Plans, the City approvals, the City Code, and the City's Engineering Design and Construction Standards Manual. Curb and gutter, the first lift of the bituminous streets, sidewalks, boulevards graded, street signs installed, and all restoration work on the site shall be completed in accordance with the approved Plans. Once the work is completed, the Developer or the Developer's representative shall submit a written request to the City asking for an inspection of the initial improvements. The City will then schedule a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list provided by the City, the punch list items must be completed by the Developer and the City notified to re-inspect the improvements. The final bituminous wear course shall be installed by the Developer after the first bituminous course has weathered a winter season. Prior to placement of the final bituminous wear course, the Developer shall repair or replace all broken or failing curbs, sidewalks, and damaged or settled streets as determined by the City from a pre- wear course walk through inspection. 19. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS. A. The Developer agrees to install landscaping in accordance with the approved Plans, 10 529775v2 SJS LA515-39 the City approvals, the City Code, the City's Engineering Design and Construction Standards Manual, and the City's Landscape and Irrigation Standards. All landscaping materials such as trees, shrubs, grasses, or other vegetation installed by the Developer must be warrantied and maintained for a period of two years. The two year warranty period shall be deemed to start once all required landscaping identified as responsibility of Developer in the approved Plans has received acceptance by the City. The Developer agrees to have the installer of the landscaping complete an inspection 30 days prior to the end of the two year warranty period and provide the City with a written report identifying the condition of all landscaping. In the event any landscaping installed by the Developer is deemed to be in poor condition or dead, the Developer is to replace the landscaping with like kind materials or as otherwise approved by the City. B. The Developer shall be responsible for maintaining regular watering, fertilizing, and over-seeding necessary to establish final lawns and yards as identified in the approved Plans for outlots, public rights-of-way, and any disturbed areas outside the Subdivision boundaries according to a landscape maintenance plan approved by the City. The Developer agrees to achieve "substantial performance" on all seeded or sodded lawns and yards disturbed during the construction of Subdivision Improvements. For the purpose of this Agreement "substantial performance" shall be defined for areas seeded or sodded with a turf or lawn mix, as "square foot turf areas with an average blade height of three inches free of eroded, bare, or dead spots and free from perennial weeds or unwanted grasses with no visible surface soil." For areas seeded with a native grass or flower mix, "substantial performance" shall be defined as "square foot native grass or flower areas with an average height of eight inches free of eroded, bare, or dead spots and no visible surface soil." 20. SIGNAGE, STREET LIGHTING, AND OTHER UTILITIES. The Developer agrees 11 529775v2 SJS LA515-39 to install street signs, traffic and parking signs, and pavement markings within the Subdivision all in accordance with the approved Plans and the City Engineering Design Standards Manual. Street and traffic sign details shall be submitted by the Developer to the City for approval prior to installation. In addition, the Developer shall be responsible for the cost and all coordination work to extend private utilities along with street lighting within the Subdivision all in accordance with the approved plans and right-of-way permits. 21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Agreement, the Subdivision Improvements lying within public easements shall become City property. Prior to acceptance of the public Subdivision Improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" plans and an electronic file of the "record" plans in accordance with the City's Engineering Design and Construction Standards Manual together with the following affidavits: - Developer/Developer Engineer's Certificate - Land Surveyor's Certificate certifying that all construction has been completed in accordance with the terms of this Agreement. All necessary forms will be furnished by the City. Upon receipt of"record plans" and affidavits, and upon review and verification by the City Engineer that the public Subdivision Improvements have been completed in accordance with the terms of this Agreement, the City Engineer will accept the completed public Subdivision Improvements. 22. PARK DEDICATION. The Developer has previously satisfied park dedication requirements for all of the areas to be platted within the Northport preliminary plat as part of the Development Agreement for the 1st Addition. Therefore, no land or fees in lieu of land dedication are required for this phase of the development. 23. VILLAGE AREA AUAR FEE. The Developer shall be responsible for the payment of the Village Area Alternative Urban Areawide Review (AUAR) fee as adopted by the City Council with respect to the environmental review completed by the City. The Village Area Alternative 12 529775v2 SJS LA515-39 Urban Areawide Review (AUAR) fee in the amount of $230.00 per REC shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $6,210.00 24. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) and all water availability charges (WAC) with respect to the Subdivision Improvements required by the City and any state or metropolitan government agency. The sewer availability charge (SAC) in the amount of$3,000.00 per REC shall be paid by the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer is $81,000.00. The water availability charge (WAC) in the amount of$3,000.00 per REC shall be paid by the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer is $81,000.00. In addition, a sewer connection charge in the amount of $1,000.00 per REC, a Metropolitan Council sewer availability charge in the amount of$2,485.00 per REC, and a water connection charge in the amount of $1,000.00 per REC will be payable by the Developer and collected by the City at the time the building permit is issued for each lot. 25. STREET LIGHTS. The Developer is responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a Security for street light installation consistent with the approved plan. The required Security is $12,000 and consists of two decorative lights at$6,000 each. The Developer shall also pay the City $129/light ($258.00) to reimburse the City for the first year operating costs for the street lights. 26. WETLAND MITIGATION. The Developer shall complete wetland mitigation/restoration in accordance with the approved Plans and in accordance with any applicable Watershed or 13 529775v2 SJS LA515-39 agency permits. If the mitigation work is found to be incomplete or restoration is unsuccessful, the City may draw down the Security at any time during the warranty period to perform the work if the Developer fails to take corrective measures after being provided reasonable notice by the City. 27. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. No building permit shall be issued for any lot within the Subdivision, or within a completed phase of the Subdivision in a City preapproved phasing plan, until such time that sanitary sewer, water, storm sewer, curbing, and one lift of asphalt has been installed and tested for all public streets; boulevard grading has been completed within the entire right-of-way (without hold down grading for the future sidewalk or any other improvements); street and traffic control signs are installed; property monuments have been installed; and grading as-built plans have been submitted and approved by the City. A "preapproved phasing plan" is defined as a phased construction plan that has been submitted by the Developer and approved by the City in advance of the preconstruction meeting for the Subdivision. Once the construction has started, the City will not consider revisions to the phasing plan for the purpose of issuing building permits. B. Issuance of a single building permit for a "model home" may be authorized by the City Planning Director prior to the completion of the Subdivision Improvements described in paragraph 27 (A) above, if there is safe public access to the lot that is sufficient to allow construction to proceed and there is a grading as-built plan approved by the City for the lot and all downstream storm water drainage facilities. However, the City will not issue a certificate of occupancy for any"model home" until all conditions identified in paragraph 27 (A) above have been completed. The Developer shall use the model home only for real estate sales purposes and no other 14 529775v2 SJS LA515-39 purposes. C. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City's zoning ordinance. The monument design shall be approved by the Planning Department. D. Breach of the terms of this Agreement by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, certificates of occupancy, and withholding of other permits, inspections, or actions and the halting of all work in the Subdivision. E. If building permits are issued prior to the acceptance of the public Subdivision Improvements by the City, the Developer assumes all liability and costs resulting in delays in completion of public Subdivision Improvements and damage to public Subdivision Improvements caused by the City, Developer, the Developer's contractors, subcontractors, materialmen, employees, agents, or any third parties. F. If building permits are issued prior to the construction of front yard sidewalks, the Developer assumes all responsibility for the coordination, liability, and costs to: 1) ensure that the sidewalks and trails are constructed prior to any driveways for any lots with sidewalks or trails; 2) that the sidewalks and trails are constructed continuously from end of street to end of street without exceptions or gaps in the sidewalk or trail; 3) that there is a stop work order on all building construction for impacted lots during the sidewalk and trail construction and curing periods to prohibit traffic prior to City approval; and 4)that all boulevard grading and restoration re-work is completed immediately following the sidewalk or trail construction. G. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. 28. RESPONSIBILITY FOR COSTS. 15 529775v2 SJS LA515-39 A. In the event that the City receives claims from labor, materialmen, or others that work required by this Agreement has been performed and the amounts due to them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Security in an amount up to 125 percent of the claim(s)and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the funds deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement. B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subdivision, including but not limited to legal, planning, engineering, and inspection expenses incurred in connection with the City's approval and acceptance of the plat and the Subdivision, the preparation of this Agreement, the City's review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Subdivision. All amounts incurred and due to the City at the time of the recording of the final plat must be fully paid by the Developer prior to the City executing and releasing the final plat for recording. C. The Developer shall hold the City and its officials, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from the City's approval of the plat and the development of the Subdivision. The Developer shall indemnify the City and its officials, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. 16 529775v2 SJS LA515-39 D. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorneys' fees. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any portion of it. F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within 30 days after receipt. Bills not paid within 30 days shall be assessed a late fee per the City adopted fee schedule. Upon request, the City will provide copies of detailed invoices of the work performed by the City and its consultants. 29. SPECIAL PROVISIONS. The following special provisions shall apply to the Subdivision: A. Implementation of the recommendations listed in the July 2, 2018, Engineering memorandum. B. Upon recording of the final plat, the Developer shall convey Outlot B to the City by warranty deed,free and clear of any and all encumbrances, unless otherwise agreed to by the City. C. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs. D. The Developer shall enter into a Landscape License Agreement with the City that clarifies the individuals or entities responsible for maintenance of any landscaping installed in areas outside of land deeded to the City or dedicated as public park and open space on the final plat. 30 MISCELLANEOUS. 17 529775v2 SJS LA515-39 A. The Developer may not assign this Agreement without the written permission of the City Council. The Developer's obligations hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any portion of it. B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a professional engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved Plans. All retaining walls identified on the Plans or by special conditions referred to in this Agreement shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. Homeowners' association declarations, covenants, and restrictions and other documents related to the homeowners' association shall be submitted to the City prior to recording of the final plat for review and approval by the City Attorney. D. The Developer shall take out and maintain or cause to be taken out and maintained until six months after the City has accepted the public Subdivision Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,500,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,500,000 or more. The City shall be named as an additional insured on the policy, and the 18 529775v2 SJS LA515-39 Developer shall file with the City a certificate of insurance evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given 30 days' advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this Agreement. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. H. This Agreement shall run with the land and may be recorded against the title to the Property at the Developer's expense. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the Property being final platted and has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Property, including, but not limited to, mortgagees; that there are no unrecorded interests in the Property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Each right, power, or remedy herein conferred upon the City is cumulative and in addition to every other right, power, or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter 19 529775v2 SJS LA515-39 any other right, power, or remedy. J. The Developer represents to the City that the Subdivision and the Subdivision Improvements comply or will comply with all City, County, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Subdivision is not in compliance, the City may, at its option, refuse to allow construction or development work in the Subdivision until it is brought into compliance. Upon the City's demand, the Developer shall cease work until there is compliance. 31. EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Subject to unavoidable delays, failure by the Developer to commence and complete construction of the public Subdivision Improvements pursuant to the terms, conditions, and limitations of this Agreement. B. Failure by the Developer to substantially observe or perform any material covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement. 32. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: A. The City may suspend its performance under the Agreement until it receives assurances from the Developer, deemed adequate by the City, that Developer will cure its default and continue its performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not 20 529775v2 SJS LA515-39 limited to, building permits. B. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from the Developer, or immediately draw on the Security, as set forth in this Agreement. 33. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. In the event of a default by the Developer as to construction or repair of any of the Subdivision Improvements or any other work or undertaking required by this Agreement, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Subdivision for such purposes. If the City does such work, the City may, in addition to its other remedies, levy special assessments against the land within the Subdivision to recover the costs thereof. For this purpose, the Developer, for itself and its successors and assigns, expressly waives any and all procedural and substantive objections to the special assessments, including, but not limited to, hearing requirements, and any claim that the assessments exceed the benefit to the land so assessed. The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statutes Section 429.081. The Developer also acknowledges that its failure to perform any or all of the Developer's obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses, and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 21 529775v2 SJS LA515-39 34. WARRANTY. During the warranty period, the Developer warrants that all Subdivision Improvements will be free from defects and that they will continue to meet all technical specifications and standards. During the warranty period, the Developer agrees to repair or replace any Subdivision Improvement, or any portion or element thereof, which shows signs of failure, normal wear and tear excepted. If the Developer fails to repair or replace a defective Subdivision Improvement during the warranty period, the City may repair or replace the defective portion and may use the Security to reimburse itself for such costs. The Developer agrees to reimburse the City fully for the cost of all Subdivision Improvement repair or replacement if the cost thereof exceeds the remaining amount of the Security. Such reimbursement must be made within 45 days of the date upon which the City notifies the Developer of the cost due under this paragraph. The Developer hereby agrees to permit the City to specially assess any unreimbursed costs against any lots in the Subdivision which have not been sold to home buyers if the Developer fails to make required payments to the City. The Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the lots within the Subdivision of the repair or replacement of the Subdivision Improvements and hereby consents to such assessment and waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota Statutes, Chapter 429. A. The required warranty period for all work relating to the public sewer and water shall be two years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one year from the date of final written City acceptance of the work. C. The required warranty period for sod, trees, and landscaping is two years from the date of final written City acceptance of the installation. 35. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the 22 529775v2 SJS LA515-39 terms of this Agreement, payment of special assessments, payment of the costs of all public Subdivision Improvements, and construction of all public Subdivision Improvements, the Developer shall furnish the City with an irrevocable letter of credit or a cash escrow or a combination of a cash escrow and letter of credit (the "Security") in the amount of $856,076.00. The bank originating the letter of credit shall be determined by the City to be solvent and creditworthy. The letter of credit shall substantially be in the form attached to this Agreement and must be approved by the City. The amount of the Security was calculated as itemized on Exhibit C. If at any time the City reasonably determines that the bank issuing the letter of credit no longer satisfies the City's requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 45 days a substitute for the letter of credit from another bank meeting the City's requirements. If the Developer fails to provide the City within 45 days with a substitute letter of credit from an issuing bank satisfactory to the City, the City may draw under the existing letter of credit. This breakdown is for historical reference; it is not a restriction on the use of the Security. The City may draw down the Security, without notice, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the required public Subdivision Improvements are not completed at least 30 days prior to the expiration of the Security, the City may also draw it down. If the Security is drawn down, the proceeds shall be used by the City to cure the default. 36. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt of proof satisfactory to the City Engineer that work has been completed in accordance with the approved Plans and the terms of this Agreement and that all financial obligations to the City have been satisfied, the City Engineer may approve reductions in the Security in the following instances: A. Up to 75 percent of the Security associated with the itemization on Exhibit C may be released upon completion of the following key milestones of the project as 23 529775v2 SJS LA515-39 determined by the City Engineer: 1. Construction Categories 2 and 3: The amount of$124,810.50 may be released when all sanitary sewer and watermain utilities have been installed, all testing and televising has been successfully completed, sanitary sewer as-built inverts have been verified, and the utilities are considered ready for use by the City Engineer. 2. Construction Categories 4 and 5: The amount of$441,755.25 may be released when all streets, sidewalks, and storm sewer have been installed and tested, and have been found to be complete to the satisfaction of the City Engineer including all corrective work for any identified punch list items and including verification of storm sewer as-built inverts, but not including the final wear course. 3. Construction Categories 6-10 and 14-17: The amount of $25,687.50 may be released when all remaining Developer's obligations under this Agreement have been completed including: (1) bituminous wear course; (2)street lighting and private utilities; (3)trails; (4) bio retention facilities; (5) iron monuments for lot corners have been installed; (6) all financial obligations to the City satisfied; (7) the required "record" plans in the form of the City standards have been received and approved by the City; and (8) the public Subdivision Improvements are accepted by the City Engineer and the City Council. 4. Construction Categories 11, 12 and 13: The amount of$65,625.00 may be released when landscaping Subdivision Improvements have been installed to the satisfaction of the City including all corrective work for any identified punch list items. B. Twenty-five percent of the original Security amount, excluding grading and landscaping improvements shall be retained until: (1) all Subdivision 24 529775v2 SJS LA515-39 Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items; (2) all financial obligations to the City have been satisfied; and (3) the warranty period has expired. C. Twenty-five percent of the original Security amount associated with landscaping shall be retained by the City until: (1) all landscaping Subdivision Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items being completed by the Developer; (2) all financial obligations to the City have been satisfied; and (3)the warranty period has expired. D. In addition to the above project milestone based Security reductions, the Developer may submit a written request and upon receipt of proof satisfactory to the City Engineer that work is progressing in accordance with the approved Plans and the terms of this Agreement and that all financial obligations to the City have been satisfied, the City Engineer may approve a one-time reduction in the Security for Construction Categories 2-5 in an amount not to exceed 50 percent of the initial Security amount. This one-time Security reduction does not apply to Categories 4- 5 if boulevard sidewalks or trails have not been installed. E. It is the intent of the parties that the City at all times have available to it Security in an amount adequate to ensure completion of all elements of the Subdivision Improvements and other obligations of the Developer under this Agreement, including fees or costs due to the City by the Developer. To that end and notwithstanding anything herein to the contrary, all requests by the Developer for a reduction or release of the Security shall be evaluated by the City in light of that principle. 37. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Agreement which must be paid to the City prior to recording the final plat: Sewer Availability Charge (SAC): $81,000 25 529775v2 SJS LA515-39 Water Availability Charge (WAC): $81,000 AUAR Fee: $6,210 Street Light Operating Fee: $258 City Base Map Upgrading ($25.00 per REU): $675 City Engineering Administration Escrow: $50,000 TOTAL CASH REQUIREMENTS: $219,143 38. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 7500 Flying Cloud Drive, Suite 670, Eden Prairie, MN 55344. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3880 Laverne Avenue N., Lake Elmo, Minnesota 55042. 39. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of fee ownership of the property being platted by way of a title insurance policy dated not earlier than 30 days prior to the execution of the plat. 40. COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws, ordinances, regulations, and directives of the state of Minnesota and the City applicable to the Subdivision. This Agreement shall be construed according to the laws of the Minnesota. 41. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 42. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power, or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall 26 529775v2 SJS LA515-39 not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 43. COUNTERPARTS. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. 27 529775v2 SJS LA515-39 CITY OF LAKE ELMO By: Mike Pearson Its: Mayor By: Julie Johnson Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2018, by Mike Pearson and Julie Johnson, the Mayor and City Clerk, respectively, of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 28 529775v2 SJS LA515-39 PULTE HOMES OF MINNESOTA LLC By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this , day of 20 , by , the of Pulte Homes of Minnesota LLC, a Minnesota limited liability company on behalf of the company. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 29 529775v2 SJS LA515-39 FEE OWNER CONSENT TO DEVELOPMENT AGREEMENT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 2 STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 30 529775v2 SJS LA515-39 MORTGAGEE CONSENT TO DEVELOPMENT AGREEMENT which holds a mortgage on the Property, the development of which is governed by the foregoing Development Agreement, agrees that the Development Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of 2 STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 , by NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 31 529775v2 SJS LA515-39 CONTRACT PURCHASER CONSENT TO DEVELOPMENT AGREEMENT which/who has a contract purchaser's interest in all or part of the Property, the development of which is governed by the foregoing Development Agreement, hereby affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the Property in which there is a contract purchaser's interest. Dated this day of 20 STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 , by NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 32 529775v2 SJS LA515-39 EXHIBIT A TO DEVELOPMENT AGREEMENT Legal Description of Property Being Final Platted Outlot B and Outlot G, Northport, according to the recorded plat thereof, County of Washington, State of Minnesota. A-1 529775v2 SJS LA515-39 EXHIBIT B TO DEVELOPMENT AGREEMENT List of Plan Documents The following documents prepared by Sathre-Bergquist, Inc. and Norby &Associates collectively constitute the Plans: THOSE DOCUMENTS BY AS FOLLOWS: SHEET TITLE REVISION DATE 1 of 20 Title Sheet 2 of 20 Final Signage/Striping/Lighting Plan 3-5 of 20 Final Street Plan 6-7 of 20 Final Sanitary Sewer& Watermain Plan 8-10 of 20 Final Storm Sewer Plan 11-13 of 20 Final Grading Plan 14-16 of 20 Final Erosion Control Plan 17-20 of 20 Construction Details LP1 — LP5 Phase 2 Landscape Plan B-1 529775v2 SJS LA515-39 EXHIBIT C TO DEVELOPMENT AGREEMENT Subdivision Improvements Cost/Security Amount Estimate CONSTRUCTION CATEGORY COST 125 percent 1 Grading $ N/A $ N/A 2 Sanitary Sewer $ 73,001 $ 91,251 3 Watermain $ 60,130 $ 75,163 4 Storm Sewer (includes pond structures $ 234,091 $292,614 and outfall pipes) 5 Streets and Sidewalks $ 237,114 $ 296,393 6 Trails $ 7,500 $ 9,375 7 Surface Water Facilities (ponds, $ N/A $ N/A infiltration basins, other BMPs) 8 Street Lighting $ 12,000 $ 15,000 9 Street and Traffic Signs $ 625 $ 781 10 Private Utilities (electricity, natural pas, N/A N/A telephone, and cable) 11 Landscaping Improvements $52,500 $65,625 12 Tree Preservation and Restoration N/A N/A 13 Wetland Mitigation and Buffers N/A N/A 14 Monuments $ 2,900 $ 3,625 15 Erosion and Sedimentation Control N/A N/A 16 Miscellaneous Facilities N/A N/A 17 Developer's Record Drawings $ 5,000 $ 6,250 TOTALS $684,861 $856,076 C-1 529775v2 SJS LA515-39 FORM OF IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Lake Elmo Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of$ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated 20_ of(Name of Bank)" ; b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30, 20 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel,this Letter of Credit.Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3880 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty(30)days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its 529775v2 SJS LA515-39 THE CITY OF STAFF REPORT LAKE E LMO °} DATE: 7/17/2018 AGENDA ITEM: 22 TO: City Council FROM: Emily Becker, Planning Director ITEM: Verizon Wireless Telecommunications Tower Conditional Use Permit— 113 51 Upper 33r1 St N REVIEWED BY: Garrett Lysiak, P.E., OWL Engineering and EMC Test Labs, Inc. Jack Griffin, City Engineer Kristina Handt, City Administrator BACKGROUND: The Council is being asked to consider a request from Verizon Wireless Communications for a Conditional Use Permit to install a new 125-foot telecommunications tower with a nine-foot lightning rod on the property located at 11351 Upper 33rd Street North. The proposed tower is the second facility that has been submitted under the Wireless Communications Ordinance that was adopted in 2009. As per the ordinance, the City has retained the services of a consulting engineer to review the plans for compliance with these requirements. With the recommendation from the City's consulting engineer, Staff is recommending approval of the Conditional Use Permit and variance requests. GENERAL INFORMATION: Applicant: Verizon Wireless, 10801 Bush Lake Rd, Bloomington, MN 55438 Property Owners: City of Lake Elmo Location: 11351 Upper 33rd Street North(PID# 13.029.21.31.0018) Request: Conditional Use Permit—Wireless Communications Facility Existing Land Use: Stormwater Pond,Wooded Area Existing Zoning: PF—Public Facility Surrounding Land Use: East: Northern Natural Gas parcel (vacant)PF—Public Facilities,West: Single Family Residential; South: Reid Park(PF—Public Facilities); North Comprehensive Plan: Public/Park Proposed Zoning: No Change History: The property was previously vacant land and was bought by the City Deadline for Action: Application Complete—6/4/2018 PUBLIC HEARING ITEM 4a—ACTION ITEM 60 Day Deadline—08/03/2018 Extension Letter Mailed—No 120 Day Deadline—N/A Applicable Regulations: 150.110—Wireless Communications Facilities 154.106—Conditional Use Permits REQUEST DETAILS/ANALYSIS: CONDITIONAL USE PERMIT Request. The City of Lake Elmo has received a request from Verizon Wireless Communications for a Conditional Use Permit to construct a new 125-foot high wireless communications tower with a 9- foot lightning road on the property located at 11351 Upper 33rd Street North. The proposed location is owned by the City, and a large portion of it is used for stormwater purposes to serve the Village Downtown area. The tower site is proposed to be located approximately 520 feet from the north property line (620 feet from Upper 33rd Street North), approximately 45.5 feet from the east property line, and approximately 400 feet from the south property line. Lease Agreement Required. If approved by Council, the applicant will enter in to a lease agreement to lease a 36 by 32 piece of land in the location described above. This space would provide room for the tower itself, an equipment platform, generator, and future LP tank. Access to the site would be gained via the private drive from Upper 33rd Street. The applicant has indicated a 20-foot wide access and utilities easement on the site plan. Third Party Review. The applicant has provided detailed drawings depicting the location of the tower and accessory equipment in addition to a statement concerning compliance with the City's Wireless Communications Facility ordinance. Because this statement of compliance includes nearly all of the text from the ordinance, Staff has not attached the City's regulations as a separate document for review by the Council. Under the ordinance, the City may request assistance in reviewing the tower proposal by a third-party expert, which was done in this case. The City has hired Garrett Lysiak of OWL Engineering, which is a communications consulting engineering firm,to review the proposal for compliance with the City's requirements. The consultant's report is attached to this memorandum with his associated attachments and supporting documentation. Federal Aviation Administration(FAA) and Federal Communications Commission(FCC) Authorization. It is required per ordinance that the applicant provide FAA approval or documentation that FAA approval is not required. The applicant has provided a determination of no hazard to air navigation, attached to this report. The applicant is also required to provide and has provided radio station authorization from the FCC. Structural Compliance Letter. The applicant has submitted a letter of structural compliance that indicates that the tower is designed for a Basic Wind Speed of 85 miles per hour(mph) (115 mph Ultimate)with no ice and 50 mph with 1/4"radial ice and is designed to support three carriers. This letter indicates that if the wind speed were to increase beyond the design wind speed, it is highly unlikely to fail, and if it did,the most likely location of the failure would be within the upper portion of the wind shaft. The letter also indicates that the fall radius for the monopole design is less than 41 feet. Design. The applicant has provided photo simulations of the tower from both Upper 33rd Street North and adjacent residential properties. It is of monopole design as required in ordinance and is grey in 2 color. The applicant has shown that the monopole is designed to accommodate two additional providers as required by Code. Proof of Need. The applicant is required to submit a coverage/interference analysis and capacity analysis that demonstrates the need for a new facility, in addition to other information as noted in the ordinance. This documentation and analysis has been reviewed by the City's consultant, and his opinion is that the applicant has met the threshold for documenting the need for a new tower. The consultant's report is attached to this memorandum. Verizon has indicated in its application that they have seen tremendous growth in network data usage due to 4G or LTE technology. The proposed site's objectives are to improve the levels of coverage in the City of Lake Elmo, as the area has limited coverage and is currently served by Verizon Wireless sites that are located over four miles outside of town, and to provide capacity offload to the existing Verizon Wireless site called Northdale (its east-facing sector),which is currently in exhaust. Attached maps show that Lake Elmo is situated in an area with very poor coverage currently. The applicant has also provided a Best Server coverage plot,which shows that a new site will overtake an existing high traffic area and offload the existing sector. Alternate Locations. One of the key provisions in the Wireless Communications Facility ordinance is a section that establishes location requirements for new facilities,which also includes a site ranking analysis that must be observed. In order of preference,new facilities are encouraged to be located: 1) on existing towers, 2) on existing structures, 3) on existing buildings four stories or higher,4) on utility poles over 75 feet in height, 5) on public lands and facilities, and finally 6) on private property in the City. The applicant has addressed these preferences by trying the following alternatives: 1) Co-locate on the existing water tower at Langly Court North. • After discussing with the City, it was determined that the water tank is at full capacity and would not provide sufficient room for Verizon's equipment. Verizon also considered placing a monopole next to the existing water tower,but due to the proximity to the water tower,the antenna orientations on the proposed site would be very restrictive and pointed in such a way that reflections coming from the tower would be minimized, and this would prevent the monopole from serving in certain areas that were targeted for coverage. 2) VFW Ballfield. 3) "City Hall Clock Tower" • Would provide less benefit to the network and a lower coverage footprint than a location downtown and would require a higher tower height 4) "Soccer Field Light Pole." • Would provide less benefit to the network and a lower coverage footprint than a location downtown and would require a higher tower height. Co-Location Requirements. The Wireless Communications Facilities ordinances states that wireless communications services shall be located on existing towers or structures which exceed 35 feet in height and which are located within the potential service area for the site being proposed by the applicant. In the event that co-location is not possible,the applicant must demonstrate that a good faith effort to co-locate on existing towers and structures was made but an agreement cannot be made. Due to the aforementioned efforts to determine alternate sites by Verizon Wireless, Staff believes that a good faith effort was in fact made. Co-location requirements may be waived by Council if it is determined that antennae and/or tower accessory equipment would cause the 3 structural capacity of an existing or approved tower or structure to be exceeded; if the antennae and/or tower equipment would cause interference materially impacting the usability of existing antennae or tower accessory equipment; if existing or approved towers and buildings within the applicant's search radius cannot or will not accommodate the antennae and/or tower accessory equipment at a height necessary to function reasonably as documented by a qualified radio frequency engineer; and/or other unforeseen reasons make it infeasible to locate the antennae and/or tower accessory equipment upon an existing or approved tower or building. Prohibited Areas. This section of the code prohibits towers from being located on smaller residential parcels,within open space or conservation easements,within airport impact zones, or in any open space preservation district. The proposed site does not fall within any of these prohibited areas. Application and Review Procedures. An applicant for a new tower must submit specific information as required by this section of the code. Of these requirements,the applicant has not presented a five-year plan for facilities in the community, and has not submitted a landscape plan that provides screening from the accessory equipment building. Staff is not recommending that either of these be required with the present application because Verizon has also submitted an additional wireless communications facilities application to place six 96"panel antennas on top of the water tank located at Ideal Avenue and 34th Street North and for reasons explained below in the Landscaping section of this report. Adverse Effects. Although the tower will be visible to adjacent properties, it is in an area that is heavily wooded and is surrounded by screening. Easton Village as well as a larger parcel with a single family parcel is to the east. Landscaping. Although required as part of the code,the applicant is not proposing additional landscaping, and Staff is recommending that this not be required. The site is heavily wooded, and as shown in the proposed images attached to this report, the tower would be well screened from Upper 33rd Street North and adjacent residential properties. Wireless Communications Tower Agreement. The applicant will need to enter into an agreement with the City concerning the proposed tower consistent with this section of the code. This agreement will be required before construction may begin. Minimum Conditions. The City Code includes several conditions as listed in the code that must be met by the applicant. The applicant has already met a number of these items through the application process. Recommended Findings. The proposed use will be subject to the recently revised required findings for conditional uses,which include the following: 1) The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The tower has been engineered to withstand high winds and has a fall zone that will not cause it to fall on an adjacent property. 2) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The property is guided for and zoned for public facilities, in which wireless communication facilities are an allowed use. 3) The use or development is compatible with the existing neighborhood. The wireless communication facility will be screened with existing trees. 4 4) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposed use meets almost all requirements of the City's Wireless Communications Facilities ordinance except for the required height and setback from property lines,for which the applicant has requested variances. 5) If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The proposed use is not in a flood plain management or shoreland area. 6) The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed tower will be heavily screened by existing trees and will not change the essential character of the neighborhood. 7) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring uses. The proposed use will be setback further from the property line than the fall zone and so will not be hazardous. It will be well screened and fenced so as to not create a nuisance and discourage climbing. 8) The proposed use will be served adequately by essential public facilities and services, including streets,police and fire protection, drainage structures, refuse disposal,water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The proposed use has adequate access, and the Fire Department has reviewed the application and does not see an issue, as access can be achieved if need be through the fence. 9) The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The City will enter in to a lease agreement for which it will receive a negotiated amount. 10)The proposed use will not involve uses, activities,processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare because of excessive production of traffic,noise, smoke, fumes, glare or odors. The proposed use will not create excessive production of traffic, noise, smoke,fumes,glare or odors. 11)Vehicular approaches to the property,where present,will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. There is an existing access road that will be utilized until such time the cul-de-sac providing connection from Easton Village is constructed. 12)The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. The proposed use will not result in in any destruction, loss or damage or a natural or scenic feature of major importance. Recommended Conditions. In reviewing this list, Staff finds that the applicant will be able to comply with the required findings in order to issue a conditional use permit. Please note that the Staff recommendation includes the following conditions of approval: 1) The applicant shall enter into a wireless communications tower agreement that addresses all items listed in Section 150.121 of the Lake Elmo City Code addressing wireless 5 communications facilities with the City prior to the issuance of a building permit for the proposed facility. 2) The applicant must submit proof of liability and worker's compensation insurance. 3) Monopole shall be constructed of, or treated with, corrosive resistant material. 4) An agreement providing for co-location and 6-month removal of unused and/or obsolete towers shall be attached and become part of the permit. 5) The addition of antennas and associated equipment of an additional provider to an existing permitted tower shall be considered co-location and shall require a zoning permit and site plan approval. An amendment to a conditional use permit shall typically not be required. 6) All towers shall be reasonably protected against unauthorized climbing. The area around the base of the tower and guy wire anchors shall be enclosed by a fence with a minimum height of 6 feet with a locked gate. 7) All obsolete or unused towers and accompanying facilities shall be removed within 6 months of the cessation of operations at the site unless a time extension is approved by the City. After the facilities are removed,the site shall be restored to its original or an improved state which includes removal of all concrete to 6 feet below normal grade and surrounding area returned to normal grading. Electronic equipment shall not be removed in advance of removal of obsolete or unused towers. To ensure compliance,the applicant must submit a performance bond or letter of credit in an amount sufficient to cover all removal costs as determined by the city prior to the issuance of a building permit for the facility. Failure to remove the structure shall be cause for the city to remove the tower and associated equipment and assess the cost against the required bonding or letter of credit instrument. 8) The city shall conduct a final inspection of the site to ensure that all requirements of the City Code and all conditions of approval attached as part of the wireless communications permit are met prior to the start of operation of the facility. 9) For installations of a facility in an area that could potentially be accessed by the public (including rooftop installations or other locations that would be considered public versus occupational) a radio frequency hazard analysis and a yearly report must be submitted before December 31 of each year showing the results of on-site measurements at the site. A registered professional engineer hired by the provider must sign these measurements and report. At a minimum,the report must document any changes to the site over the course of the previous year. 10)All lighting associated with the facility shall comply with the City's lighting ordinance. The wireless communications tower shall not be illuminated by artificial means, as it is not required by the Federal Aviation Administration. 11)The area around the base of the tower and guy wire anchors shall be enclosed by a fence with a minimum height of six feet with a locked gate. 12)Building permits shall be applied for and issued before any construction is started. 13)The applicant shall be compliant with all other minimum conditions outlined in Section 150.123 of the Lake Elmo City Code addressing wireless communications facilities. 14)The applicant shall enter in to a lease agreement approved by Council for both this site and the water tower site at the corner of Ideal Avenue North and 34th Street North. 15)The applicant shall design the accessory equipment building to accommodate any additional equipment that may be needed by additional carriers on the tower. VARIANCE REQUESTS 6 Requests. The applicant is requesting three variances: 1) Maximum height • The maximum allowed tower height in the PF—Public Facilities District is 125 feet. The applicant is proposing a 125-foot tower with a 9-foot lightning rod. The applicant has indicated that if the tower and lightning rod did not exceed 125 feet,the tower height would decrease the antenna's centerline and its effectiveness. The lightning rod is for safety reasons to divert lightning during a lightning event. Visually, the rod is not generally not visible against the sky. The wireless communications facilities ordinance states that Council may increase the maximum height of a wireless communications facility by 50 feet within the public facilities district provided that an applicant is able to demonstrate a need for a higher facility and/or the additional height will serve a public interest in allowing fewer towers to serve a given area. Staff believes that this provision has been met. 2) Setback from property line • Towers are required to be setback a distance equal to the tower height from all property lines, and all accessory structures are required to be setback at least twenty feet from all side yards and rear property lines. The center of the tower to the property line to the east is setback 45.5 feet and so does not meet this standard by 88.5 feet. This standard is met from all other property lines, as the tower is setback approximately 520 feet from the north property line,400 feet from the south property line, and 680 feet from the west property line. As noted earlier in the report,the fall zone for this tower is 41 feet, and so this setback should not pose a safety hazard. Additionally, the existing house on the property to the east is setback approximately 245 feet from the western property line. As for accessory structures and equipment, the pad mounted transformer is setback approximately 16 feet from the property line, the generator is setback 24 feet from the property line, and the equipment platform is setback approximately 23 feet from the property line. 3) Expiration date of conditional use permit and variance • The applicant has indicated on the application that there is a lengthy construction process involving ordering of materials,procuring general contractors, and constraints with construction seasons and so is requesting a variance from the standard in the Zoning Code which states that a variance shall expire if work does not commence within twelve months of the date granting such variance. While there is a provision that allows extension requests for up to one year after this expiration date, the applicant would like to ensure that this extension will be granted and so is requesting this variance. The Zoning Code also states that if substantial construction has not taken place within 12 months of the date on which the conditional use permit was granted,the permit is void except that, on application,the Council, after receiving recommendation from the Planning Commission, may extend the permit for such additional period as it deems appropriate. Recommended Findings. An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below, along with comments from Staff regarding applicability of these criteria to the applicant's request. 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to 7 the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - "Practical difficulties"as used in connection with the granting of a variance,means that the property owner proposes to use the property in a reasonable manner not permitted by an official control.A majority of the site is used for the City for stormwater ponding, and so this is the only site on the parcel that would be suitable to construct the monopole. The applicant has reviewed a number of alternatives to the site and found this to be the most suitable. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The parcel is unique in that most of it is being used for stormwater ponding for the downtown area. The property became a stormwater pond prior to it being considered a location for a monopole. Lowering the height of the tower would decrease its effectiveness, and the lightning rod is needed for safety reasons. 3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. The monopole will be well screened from the public right-of-way and adjacent properties. The additional height of the lightning rod will not be visible against the sky. 4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. The proposed monopole will not effect the supply of air and light, increase congestion or impair property values within the neighborhood. Planning Commission Review. The Planning Commission held a public hearing and considered the requests for a conditional use permit and variances at their July 9,2018 meeting.No one from the public spoke at the public hearing, and a written comment from the John Lenzmeier and Vicky Rehak,property owners of 11178 Upper 33rd Street North,provided written comment contesting the requests. Garrett Lysiak, P.E., OWL Engineering and EMC Test Labs, Inc.,was there to provide testimony, explaining the need for the tower in order to provide sufficient coverage. The Planning Commission questioned if there were in fact other alternate locations that the wireless communications facility could go, and Garrett explained that it would be difficult for the City to determine alternate locations and reminded the City that even if there were alternate locations, a property owner must still be willing to sell or lease a parcel in order to erect the wireless communications facility. There was also question about the setback variance request and if the facility could go elsewhere on the property. The applicant explained that the other areas are being utilized for stormwater ponding purposes, and the proposed location is ideal due to the elevation and to avoid tree removal in other areas of the parcel. Finally, there was concern about the request for a variance from the expiration requirements of a conditional use permit and variance. It was decided, however, that the City should not be concerned with this, as the applicant is entering in to a lease agreement with the City, and with the time and effort put in to analysis for selecting this site, it would be highly likely that the applicant will begin construction as soon as possible. The Planning Commission recommended approval of the requests with a vote of 6-1. Commissioner Johnson had the dissenting vote for the reason that there may be alternate locations for the tower to go. OPTIONS: • Adopt Resolution 2018- and Resolution 2018- approving the conditional use permit and variances with recommended conditions of approval. 8 • Adopt Resolution 2018- approving the conditional use permit and deny some or all of requested variances with the condition that the plans be amended to conform to appropriate standards,providing findings for denial. • Prepare findings for denial of the conditional use permit and variance requests and direct Staff to prepare a Resolution to bring to a future meeting to deny the conditional use permit and variance requests. RECOMMENDATION: Staff and the Planning Commission recommend approval of the request from Verizon Wireless for a Conditional Use Permit to install a new 125-foot telecommunications tower with 9-foot lightning rod on the site property located at 11351 Upper 33rd Street North with recommended conditions of approval. "Move to adopt Resolution 2018-083 approving the request from Verizon Wireless for a Conditional Use Permit to install a new 125 foot telecommunications tower with 9-foot lightning rod on the site property located at 11351 Upper 33rd Street North with recommended conditions of approval." Staff and the Planning Commission recommend approval of the requests from Verizon Wireless for a variance from the maximum height requirement, minimum setback requirement, and conditional use permit and variance expiration dates. "Move to adopt Resolution 2018-084 approving the request from Verizon Wireless for a variance from the maximum height requirement, minimum setback requirement, and conditional use permit and variance expiration dates." ATTACHMENTS: 1. Report from OWL Engineering(Garrett Lysiak)with Attachments 2. Application and Cover Letter 3. Narrative 4. Plans 5. Topo Map 6. Site Analysis 7. Photo Simulations 8. FAA Approval 9. FCC Approval 10. Resolution 2018-083 approving the Conditional Use Permit 11. Resolution 2018-084 approving the variance requests 9 OWL ENGINEERING & EMC TEST LABS, INC. CONSULTING COMMUNICATIONS ENGINEERS - EMC TEST LABORATORIES 5044 Hamline Avenue North,Shoreview,NIN 55126 651-704-7445-Fax 651.704-7541 REPORT REGARDING CONSTRUCTION OF A 134-FOOT COMMUNICATIONS TOWER AT 33RD CIRCLE NORTH LAKE ELMO, MINNESOTA FOR VERIZON WIRELESS PREPARED BY: GARRETT G. LYSIAK, P.E. JUNE 27, 2018 OWL ENGINEERING & EMC TEST LABS, INC. CONSULTING COMMUNICATIONS ENGINEERS•EMC TEST LABORATORIES 5844 Hamline Avenue North,Shoreview,MN 55126 651-784-7445•Fax 651-784-7541 EXECUTIVE SUMMARY The City of Lake Elmo Ordinance for wireless telecommunications towers requires the demonstration of a need (gap in coverage) or a showing of need for the proposal. This analysis demonstrates the proof of need requirement is satisfied. This new tower will eliminate both coverage and capacity problems. It would provide the required Personal Communication System ("PCS") coverage to eliminate the present existing poor coverage area for the expanded service. There are no existing towers identified that could provide the required coverage and eliminate the predicted coverage gap. All towers in the nearby area were examined and none were found that could be used. Due to the lack of any existing towers or support structures in the vicinity, the new site would need to locate very near to the proposed location in order to fill the coverage gap. There is no evidence to show this new tower will cause interference to the present frequencies and any Public Safety or City communications systems. There is no demonstrated RF Radiation hazard to the public, even when other additional PCS systems are added to the study. As required by the ordinance, this tower will accommodate additional communications systems, and it complies with all the structural requirements of the ordinance. The required drop zone on 100% of the height of the proposed tower to the property boundary lines is not met. However, the applicant has requested a variance of the requirement. They submitted an engineering report that shows the predicted failure height would be approximately 41-feet and I concur with this analysis. OWL ENGINEERING & EMC TEST LABS, INC. • CONSULTING COMMUNICATIONS ENGINEERS • EMC TEST LABORATORIES 5844 Hamline Avenue North,Shoreview,MN 55126 651-784-7445•Fax 651-784-7541 TABLE OF CONTENTS ENGINEERING STATEMENT FIGURE 1 SITE MAP FIGURE 2 AERIAL VIEW FIGURE 3 PROXIMITY TO AIRPORT FIGURE 4 AIRSPACE MAP FIGURE 5 EXISTING TOWERS SEARCH FIGURE 6 EXISTING TOWERS MAP FIGURE 7 ENGINEERING FALL ZONE REPORT FIGURE 8 COVERAGE MAPS A) PREDICTED COVERAGE B) EXISTING COVERAGE C) TOWER HEIGHT REDUCED FIGURE 9 VERIZON SUPPLEMENTAL EXHIBIT OWL ENGINEERING & EMC TEST LABS, INC. CONSULTING COMMUNICATIONS ENGINEERS•EMC TEST LABORATORIES 5844 Namline Avenue North,Shoreview,MN 55126 651-784.7445•Fax 651-784-7541 Engineering Statement The documents submitted by TechScape Wireless on behalf of Verizon to The City of Lake Elmo for a new 134-foot tower were reviewed for compliance with the technical requirements of the zoning ordinance. The site is located at 33,d Circle North, Lake Elmo, MN. The site location was plotted on a USGS 7.5 minute map (Figure 1 "Site Map"). In addition, an aerial photograph is included to show the proposed site location and the surrounding area (Figure 2 "Aerial Site Map"). Airspace Study Figure 3 shows the proximity to the Lake Elmo Airport. The proposed tower site was examined for any impact on the local airspace and airports. The tower height is proposed to be under 200-feet and is therefore not usually required to get Federal Aviation Administration (FAA) or Federal Communications Commission (FCC) approval, unless it is located near an airport. The proposed tower is less than one-mile from Lake Elmo Airport runways, and therefore an FAA study is required. Verizon applied for an aeronautical study and was granted an approval by the FAA. Since the FAA has already approved the monopole, the impact on private airport facilities was examined since they are not normally protected by them. Figure 4 shows the airspace map and shows that there was no impact since there are no private facilities in the area. Existing Tower Sites A search of both FCC and FAA databases was performed to determine the location of any potential alternate locations for the proposed monopole. Figure 5 shows the results of this search. The four nearest towers were reviewed as possible substitutes for the proposed tower. They are: 1. STC Management site is 2.7, outside search area. 2. State of MN tower is only 40-feet high. 3. Existing Verizon site already used. 4. Site was never constructed, cancelled. Figure 6 shows the location of the identified nearby towers. All of the above towers are outside of the Search Ring and they would not provide the required signal levels to eliminate the coverage gap. i OWL ENGINEERING & EMC TEST LABS, INC. CONSULTING COMMUNICATIONS ENGINEERS-EMC TEST LABORATORIES 5844 Hamline Avenue North,Shoreview,MN 55126 651-784-7445•Fax 651-784-7541 Site Construction The site construction plans show the tower that is planned for this project. The tower drawings supplied show compliance with the requirements of ANSI'/TIA2-222-G standard which requires loading for: 1. Exposure C to the standard. 2. 90 mph basic wind, with no radial ice. 3. 50 mph basic wind with 1/2" of radial ice. (ice is considered to increase in thickness with height) 4. The tower is designed to withstand the Ultimate Wind Speed for this area of 115 mph §150.120(D) (setbacks) requires at least a 100% setback or 134-feet from the nearest property line. The proposed tower is approximately 46-feet from the nearest property line. Verizon submitted a structural engineering study in support of a variance request to this setback requirement. This engineering, shown in Figure 7, states "minimum overall safety factor of 25V is designed with the proposed loading on the tower." It also states, "Should the wind speed increase beyond the capacity of the built-in safety factors, to the point of failure of one or more structural elements, the most likely location of the failure would be within the upper portion of the monopole shaft. Assuming that the wind pressure profile is similar to that used to design the monopole, the monopole will buckle at the location of the highest combined stress ratio within the upper portion. This is likely to result in the portion of the monopole above leaning over and remaining in a permanently deformed condition." My review concurs with this analysis. The proposal shows that the tower is currently designed to accommodate two additional antenna systems antennas. This will eliminate the need for an additional new tower in the vicinity for some time. Coverage Study In reviewing the submitted data it was determined that (Verizon) has designed its communications facilities in the Lake Elmo area with several surrounding sites providing area wide coverage. During my initial inspection of the application, it was determined that several keys pieces of information were missing and were required to analyze the predicted and existing coverage of the Verizon system.The information was provided and 'American National Standards Institute z Telecommunications Industry Association 2 OWL ENGINEERING & EMC TEST LABS, INC. CONSULTING COMMUNICATIONS ENGINEERS•EMC TEST LABORATORIES 5844 Hamline Avenue North,Shoreview,MN 55126 651-784-7445•Fax 651-784-7541 1 was able to complete my analysis of the application. Figure 8a shows the predicted coverage area with the new monopole. Figure 8b shows the area with the proposed monopole removed from the analysis and the predicted coverage gap is identified. Figure 8c shows the coverage with the tower height reduced to 80-feet and will not eliminate the predicted coverage gap. Interference Study A search was performed using the FCC frequency database3 to determine the frequency and location of any city or county public safety facilities within one-mile from the proposed tower location. Using all the identified frequencies either utilized by the city or county, an intermodulation (interference) study was performed to determine if any predicted interference products would be generated by the proposed Verizon Wireless facility. The results of the study indicate that there are no interference products predicted to be generated that would cause interference to any of the identified protected frequencies. The study shows that there are no predicted (low order) interference intermodulation products generated from combinations of existing and proposed channels at this site. When the proposed communications facility is constructed, antenna separation, antenna pattern directionality properties and equipment filtering will further reduce the potential of intermodulation induced interference. This analysis is a mathematical study and will not account for interference mitigation that will occur due to the differences in technologies and equipment configurations and filtering. This study assumes a worst-case scenario using as many as four transmitters operating simultaneously(which is a rare occurrence). Additionally, due to the high frequencies used on this new facility there is no predicted interference to occur on any other communication devices such as televisions, personal computers, telephones, garage door openers, security systems, and other electronic equipment. In summary, the use of good engineering and installation practices should mitigate any interference to any nearby existing communications systems or any additional future systems on the tower and it is my opinion that the Verizon Wireless system frequencies should not cause any harmful interference problems to any of the existing City or County communications systems and is in compliance with §150.120(i) of the ordinance. RF Radiation Analysis Using the data submitted by Verizon Wireless we performed a "Worst-Case" radiation analysis to determine the amount of RF energy that would be present at the base of the tower. In making our calculations, we assumed that all of the RF energy generated by the a Federal Communications Commission, Wireless Telecommunications Bureau—"Universal Licensing System" 3 OWL ENGINEERING & EMC TEST LABS, INC. CONSULTING COMMUNICATIONS ENGINEERS•EMC TEST LABORATORIES 5844 Hamline Avenue North,Shoreview,MN 55126 651-784-7445•Fax 651-784-7541 facility would be directed downward and three separate antennas at maximum power levels were used for the calculations. This is not the real world situation since the antennas used by PCS systems are designed to radiate towards the horizon. Additionally, calculations were performed including any future antenna systems on the tower and added to the total RF exposure level. However, using this analysis method I was able to determine that the maximum level of RF radiation reaching the ground (head height) at the tower base is less than 20 percent of the ANSI standard value for the general public exposure limit and as such is not classified as an RF radiation hazard. This proposal satisfies the current Federal guidelines for RF Exposure4. Summary The review of the proposed Verizon tower indicates that: • It would provide the required wireless system coverage to eliminate the present existing poor coverage area and provide enhanced existing coverage. • The site is not predicted to cause any interference products to any protected frequency in the area and is not predicted to be an RF radiation hazard. • The tower is designed to accommodate two additional communications systems. • The proposal complies with the structural requirements of the ordinance. • Due to the lack of any existing towers or adequate support structures in the vicinity, the site would need to locate very near to the proposed location to fill the coverage gap. Respectfully submitted, Garrett G. Lysiak, P.E. 4 FCC Office of Engineering and Technology Bulletin OET-65 Edition 97-01 4 HUDSON QUADRANGLE (WHITE BEAR MINNESOTA (SOMERSET LAKE EAST) TOPOGRAPHIC SERIES SOUTH) 092'53'26.9164"W STILLWATER) 092'51'21.0353"W 045'00'56.6906'N • 045'00'56.69D6'N , o o n I a .a ' r Ol- 1 ` XBM 937 t e EI M f.^ �'_' �,�' •. I• 9 airy II Labe Elmo - . N � , s3 • ..,�_ 3 - Nag* 80 r _ : ' �tl3 i �9 (LAKE EL MO) � BM _ - -_ a• (NORTHLINE) Q ci _ «.. •�. .° 9I9 / �r �a i - 0 24 �_�-_ UkR 044`58'50092°53N26.9164"W (PRESCOTT) • 092'51'21.0 67'W 0.5978'N Declination SCALE 1:18056 (ST PAUL PARK) * (RIVER FALLS a 0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 WEST) Miles 0 1000 HUDSON, MN Yards JAN 1, 1993 0 1 Kilometer GN 0°05'E CONTOUR INTERVAL 10 FT FIGURE 1 -SITE MAP MN 0°07'W [BASE MAP VERTICAL DATUM] AJ Y V ,.s s 1 'r o 0 CD x� p ®/ 441 �. Manning Ave N a _ ,,....•�.-a.�.•,.-.......•gip•-�•r-;yc� - p 4,61 Tom' � +" � t •' � _i� �.i WA \K If C\j r0 CO ca 0 CV OWN .ow ,.,,, CO " t { c 0 CD co co CL OWN- Aid AAMMAk cn Q �-� W FIGURE 5 - EXISTING TOWER SEARCH ASR Registration Search Registration Search Results Displayed Results ®= Pending Application(s) Specified Search Latitude='44-59-54.3 N', Longitude='92-52-23.5 W', Radius=4.8 Kilometers Overall Height Above Registration File Owner Structure Ground Number Status Number Name Latitude/Longitude City/State (AGL) 1 1004586 Constructed A1025229 STC Five 45-00-11.1N BAYTOWN, 33.2 LLC 092-49-03.OW MN 2 1261231 Constructed A0618383 Minnesota, 45-00-00.5N Lake Elmo, 11.3 State of 092-51-17.5W MN 3 1291646 Constructed A0989054 Verizon 44-57-41.7N Lake Elmo, 39.0 Wireless 092-51-53.8W MN (VAW) LLC 4 1295513 Cancelled A0941024 Verizon 44-59-13.1N Stillwater, 39.3 Wireless 092-49-08.6W MN (VAW) LLC M L-��fl 2/ Clear ST N Lake o 47T}ISTN z h ►lCDonol \ 2 LOke ` �J Siegel A m `ems s � a1A G > pt V, vc m �^ NEW g � e Elmo TL Leks Elmo 30TH ST N 30T'H ST N 30TH ST N ake Elmo Park R P r Aare Ld'e p3 CR 70 CR 70 CR 70 251 i2 253 253 1- -- 12 � a w ci G G N N ,St PaJ East RV Park c V tllt Iaj, Tr+ Scale 1:43,750 FIGURE 6 - EXISTING TOWERS 1"=3,645.8 ft Data Zoom 12-2 FIGURE 7 - ENGINEERING FALL ZONE REPORT S - b rE Industries- Towers and Poles ONION ft- , February 28, 2018 Mr. Brian Schriener Design 1 of Eden Prairie 9973 Valley View Road Eden Prairie, MN 55344 RE: Proposed 125' Sabre Monopole for MIN Tickle, MN Dear Mr. Schriener, Upon receipt of order, we propose to design and supply the above referenced Sabre monopole for a Basic Wind Speed of 89 mph (115 mph Ultimate) with no ice and 50 mph with 3/4" radial ice, Structure Class II, Exposure Category C and Topographic Category 1 in accordance with the Telecommunications Industry Association Standard ANSI/TIA-222-G, "Structural Standard for Antenna Supporting Structures and Antennas". The monopole is to be designed to support three carriers, as shown on Design 1 drawing T-1, Revision F dated 12-6-17. The design will account for the two future carriers consisting of the same equipment as the initial carrier (Verizon). When designed according to this standard, the wind pressures and steel strength capacities include several safety factors, resulting in an overall minimum safety factor of 25%. Therefore, it is highly unlikely that the monopole will fail structurally in a wind event where the design wind speed is exceeded within the range of the built-in safety factors. Should the wind speed increase beyond the capacity of the built-in safety factors, to the point of failure of one or more structural elements, the most likely location of the failure would be within the upper portion of the monopole shaft. Assuming that the wind pressure profile is similar to that used to design the monopole, the monopole will buckle at the location of the highest combined stress ratio within the upper portion. This is likely to result in the portion of the monopole above leaning over and remaining in a permanently deformed condition. Please note that this letter only applies to the above referenced monopole designed and manufactured by Sabre Towers & Poles. The fall radius for the monopole design described above is less than 41 feet. PROFESSIONAL ENGINEER Sincerely, I[Hereby certify that this plan,specification. or report was prepared by me or under racy direct supervision and that I am a duly Licensed Professional Engineer under the Laws of the State of?Wnne4ota. Print blameTI Keith J. Tindall, P.E. signTW Vice President of Engineering DateLicense#25342 Sabre Towers and Poles- 7101 Southbridge Drive- P.O.Box 6S8-Sioux City,IA 51102-0658 P:712-258-6690 F:712-279-0814 W:www.SabreTowersandPoles.com � J 1s4 ui Iz r � S 'i,��yy. � r • .J�,a 7 LuIs ►� mom... LU AL LU u1i Q 2 - Qf W LU �-- _ LQ 9 LU U) LU m s, a ti I� LLJ U • J ,� -t f ,Q � V) `Cl) -k(,� r ��, i '� � ?, Jet � �' -f• a, .. ,i, .e ui •1r •� - -• fit .� J r + .•..;�1 ,•..� �� � ,ti - W izLP �..•# �• •f'+' . fie v• `�v ,$ti ° l: f RIF CK r ' m (n r •�•"i�� -j> .�.f.�tfa7�a J O r� • .` LNL T�._ '. LLI .� •�• • ��>� _ t�s,�'�• J Q � ♦�` � �Qr�-• - - 1. 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J Z Q-O 'j o N >- cn L c W N Vli4l co q L a) > a) . ydyk11:1.a U J L a0i Q LpA cc N jZ 0 -1- -i--� �1 r •. '1 Q-� fin G � ~ W c O U m 4 1 i � i Q CO M 0 M w N N O L L Y 4 ''� `♦,s k cn U O O 70 WTI cna Or , ..l4 �Si ✓ t .alb y O O En (1) M N cu rtE 0 _ ■ �T r J �` y E O In L .19 0 .1 1 N O C O to Q U O N :3 '6 O O U c O L -0 -0 O O O c L y, L 0 mO L L U0 7 7 N U N U s7- t o m cv o U v N a t9 t4 �3 7 4- N p � a � g9 0 C. U N co O ® � C 05 N CJ o N O 01 00- 0 w p Q- U z5 N 0 p � O '0 U ..�+ rrA✓ a O 0 � rr Q c9 0 41 f l ■ ■ O O C) � Rf moo CL N o Q� o a) o �Cf i E O ■ �--� ♦+ O O © U a c ai 0 0 > N ` = N N CMN L 0 CM o c '� tm L o N �11 0E Q 03 �: 0 0 v 0 J N TOWER ELEVATION :�p�F'ELT.•J..DgLjJ;, DEPARTMENTAL ■ LICENSED APPROVALS NOTE: ARCHITECT _ 1.) TOWER TO BE ERECTED AND INSTALLED IN ACCORDANCE WITH TOWER 12427 MANUFACTURER'S DRAWINGS NOT INCLUDED WITH THIS PACKAGE. DISCREPANCIES Q` r n NAME DATE BETWEEN TOWER DRAWINGS AND ARCHITECTURAL DRAWINGS TO BE REPORTED TO VERIZON WIRELESS AND THE ARCHITECT IMMEDIATELY. / '9 - RF ENGINEER MIHEALA OXLEY 07-12-17 2.) TOWER FOUNDATION, PLATFORM FOUNDATION, GENERATOR FOUNDATION, Ave izo ND /� � 00`` THE ACCESS DRIVE TO BE EXCAVATED AND CONSTRUCTED IN ACCORDANCE WITH OPERATIONS JONATHAN FOWLER 07-10-17 RECOMMENDATIONS AND SPECIFICATIONS OF THE GEOTECHNICAL REPORT WHICH IS MANAGER NOT INCLUDED IN THIS PACKAGE. DISCREPANCIES BETWEEN THE REPORT AND THE MIN TICKLE NEW BUILD CONSTRUCTION OTHER DOCUMENTS TO BE IMMEDIATELY REPORTED TO VERIZON WIRELESS AND STEVECOLLIN L0"7-11-17 THE ARCHITECT. I hereby certify that this plan, ENGINEER specification or report was prepared by me or under my direct 3.) CONTRACTOR TO ENSURE TIP OF ANTENNAS DO NOT EXCEED TOWER HEIGHT. supervision and that I am a duly registered Architect under the laws of the State of Minnesota. ROBERT J.DAVIS,Reg.No.12427 PROJECT INFORMATION AREA MAP LESSOR / LICENSOR APPROVAL SIGNATURE PRINTED NAME DATE SITE NAME: MIN TICKLE NORTH Signed: i 12-06-17 SITE ADDRESS: 33RD CIRCLE N. LESSOR/LICENSOR: PLEASE CHECK THE APPROPRIATE BOX BELOW Date: LAKE ELMO,MN 55042 100 36 ` COUNTY: WASHINGTON 94 36 36 SITE NO CHANGES. CHANGES NEEDED. SEE COMMENTS. 9' LIGHTNING ROD LATITUDE: N44°59'54.28" (NAD83) MINNEAPOLIS ELMO AVENNe1 DESIGN LONGITUDE: W 92°52'23.47" (NAD83) ST. PAUL 94 94 1 OIL OVERALL STRUCTURE HEIGHT 100 55 1065.3' AMSL / 134' AGL 9973 VALLEY VIEW RD. DRAWING BASED ON 5 52 WOODBURY ; CONTACTS EDEN PRAIRIE,MN 55344 62 (952)903-9299 SITE DATA FORM DATED: 07-12-17 62 \ ANTENNA TIP HEIGHT WWW.DESIGNIEP.COM 1056.3' AMSL / 125' AGL BUILDING TYPE: IIB 55 �� I LESSOR /LICENSOR: CITY OF LAKE ELMO BLOOMINGTON O 3800 LAVERNE AVE NOIL ANTENNA CENTERLINE HEIGHT SITE AREA: 36'X 32'=1152 S.F. 52 co % LAKE ELMO,MN 55042 1052.3' AMSL / 121' AGL KRISTINA HANDT(651)747-3905 RNC =_ LESSEE: VERIZON WIRELESS ANTENNAS AND EQUIPMENT, _ ■ _ ( 10801 BUSH LAKE ROAD SEE A-3 1F BLOOMINGTON,MN 55438 V IV 1 .-■ ■ DIRECTIONS FROM BLOOMINGTON RNC: RON REITER(612)720-0052 10801 BUSH LAKE ROAD HEAD NORTH ON BUSH LAKE RD FOR 3.7 MILES,USE THE 2ND FROM POWER UTILITY XCEL ENERGY BLOOMINGTON,MN 55438 THE LEFT LANE TO TURN LEFT ONTO E BUSH LAKE RD.TURN RIGHT FUTURE PROVIDER (612)720-0052 TO MERGE ONTO 1494 E AND AFTER 6.7 MILES,KEEP LEFT AND STAY COMPANY CONTACT: 1518 CHESTNUT AVENUE 1024.3' AMSL / 93' AGL ON 1-494 E FOR 16 MILES.TAKE EXIT 58B TO MERGE ONTO 1-94 E AND MINNEAPOLIS,MN 55403 ISSUE SUMMARY GO 4.6 MILES.TAKE EXIT 253 AND TO TURN LEFT ONTO COUNTY RD KELSEY LOOMIS(651)779-3154 15/MANNING AVE N.AFTER 3.6 MILES,TURN LEFT ONTO 32ND ST N PROJECT REV. DESCRIPTION SHEET OR DETAIL AND TURN LEFT TO STAY ON 32ND ST N,CONTINUE AROUND THE CABLES TO RUN UP INTERIOR BEND AND TAKE ANOTHER LEFT ONTO 33RD CR N.SITE WILL BE AT TELCO UTILITY T.B.D. OF TOWER 20141122104 COMPANY CONTACT: LOC.CODE:CODE:311 232 A ISSUED FOR REVIEW 07-10-17 ALL THE END OF THE CUL-DE-SAC. B ISSUED FOR OWNER APPROVAL 10-05-17 ALL FUTURE PROVIDER C ISSUED FOR DIST.BOX REVISION 10-13-17 ALL 996.3' AMSL / 65' AGL M I N L ISSUED FOR ACCESS REVISION 11-14-17 ALL ARCHITECT: DESIGN 1 ARCHITECTS LLC TICKLE 9973 VICINITY MAP EDENP LEY AIRIE,EWROAD ISSUED FOR ACCESS ADJUSTMENT 12-06-17 ALL EDEN PRAIRIE,MN 55344 (952)903-9299 SURVEYOR: WIDSETH SMITH NOLTING 125' MONOPOLE TOWER SHEET INDEX NORTH 14 610 STREET-PO BOX 1028 ALEXANDRIAXANDRIA,MN 56308-1028 CABLE BRIDGE, SEE A-4 33RD CIRCLE N. 320-762-8149 z �-P LAKE ELMO, MN 55042 SHEET SHEET DESCRIPTION > ���0 STRUCTURAL N/A EQUIPMENT PLATFORM SHET T-1 PROJECT INFORMATION,TOWER ELEVATION,&SHEET INDEX 2 Z ENGINEER: CONEACTSCONTENTS: w j ISSUE SUMMARY A-1 SITE PLAN,DETAIL INDEX AND GRADING PLAN Y 14 Z GEOTECHNICAL T.B.D SHEET INDEX A-2 ENLARGED SITE PLAN g z w 0 ENGINEER: DEPARTMENTAL APPROVALS LESSOR> a g — PROJECT INFORMATION TION A-3 ANTENNA&EQUIPMENT KEYS a z GRADE PER 1A 0 W 36th ST N — AREA&VICINITY MAPS A-4 CABLE BRIDGE PLAN, MOUNTING DETAILS,NOTES,&PHOTO 0� > N 931.3' AMSL (NAVD88) GENERATOR GENERAL NOTES �P��R LU g pER331ds� NOT SHOWN FOR CLARITY A-5 OUTLINE SPECIFICATIONS � J UP DRAWN BY: DJS DATE: 06-29-17 G-1 GROUNDING NOTES 14 SITE CHECKED BY: MJS G-2 GROUNDING PLAN&GROUNDING DETAIL INDEX 331�SSN NORTH ELEVATION REV.A 07-10-17 REV.B 1705-17 U-1 UTILITY PLANS&PULLBOX LOCATION PLAN 1 SCALE:1"=30' GRAPHIC SCALE REV.C 10-13-17 SURVEY(2 SHEETS) o 15' ao' REV-D 11-14-17 REV.E 12-01-17 LAKE ELMO REV.F 12-06-17 T-1 GENERATOR TYPE: 0 DIESEL DETAIL INDEX \c,R... �D., S .A -- `, r ; FROST DEPTH DETAIL DETAIL DESCRIPTION EXISTING 3 I WIDE PERMANENT �� LESSEE ACCESS AND UTILITIES LICENSED ROAD & UTILITY EASEMENT DESIGN =4'-0" ARCHITECT PER FINAL CERTIFICATE DOC. ( N RIGHTS OF WAY, - PLATFORM VZW9.4X14-GLSP-4:9'-4"x14'-0"PLATFORM W/FULL CANOPY NO. 4066090 I 20'-0" WIDE 12427 RQ GEN 1.4 20REOZK:DIESEL GENERATOR W/ICE SHIELD e Q` � 1.1 BOLLARD DETAIL EXISTING II 2.1 FENCE SECTION(DETAIL 2) GRAVEL STREET / ONE 3.1 CABLE BRIDGE SECTION // � � 4.4 CABLE BRIDGE ELEVATION(SIM) 25 I -4 X gL� f~ 5.1 GRAVEL ROAD W/BASE(DETAIL 1) I hereby certify that this plan, O�G /`_ i i i EXISTING 30' WIDE EASEMENT specification or report was _ 7{7 i gti�< I I 6.1 SNOW/MAN GATE(DETAIL 1) prepared by me or under my direct / / PER DOCUMENT NO. 343044 supervision and that I am a duly 7.1 (NOT USED) registered Architect under >-- 921 ___ ' > - EXISTING RIGHT OF WAY the laws of the State of Minnesota. -/- \ OF UNION PACIFIC RAILROAD I ROBERTJ.DAVIS,Re No.12427 -92e- I - \ 8.1 TELCO ENTRY DETAIL 9 925— — �/ 9.1 CMPH DETAIL -\ ♦ I I 10.5/10.6 ONE-LINE RISER DIAGRAM(GC TO VERIFY) �' •---� IL / I III m 12.1 METER ON POST(DETAIL 2) \,g2o l\ 11 11 .\ + ` Signed: \y78 1\I 1 \ I 13.1 LL.C./DIST.BOX ICE SHIELD 12-06-17 Date: I111 I EXISTING 30' WIDE ROADWAY 922 PROPOSED CONTOUR, TYP. i i ti ■..■ I 1 / pl II ACCESS EASEMENT PER BOOK - ------------- 1 II I II I I I I 284, PAGE 571 -- � j EXISTING RAIL III III ; -- 924----_______ , <� : I DESIGN ROAD, TYP. I I -\ --- / , r Q� g29 nG Z ■ / / "!' 1 9973 VALLEY VIEW RD. EDEN III /// / .♦ ■ (52)903-9 9 PRAIRIE,MN 55344 EXISTING 50' WIDE I Ill I WWW.DESIGNlEP.COM PERMANENT EASEMENT - ■ PER DOCUMENT N0. 4011587 I -927 A0. "- lllllj EXISTING 66' WIDE INGRESS 92 II & EGRESS EASEMENT PER -____ 9 2 DOCUMENT NO. 353542 __---- ---- ♦♦■ ■ 930 ■ ■ EXISTING PROPERTY EXISTING LINE, TYP. NIII I I� — 930 I �����on FIELD. YP. I I III — -------- -- 931 \ "• w 10801 BUSH LAKE ROAD I \ o I BLOOMINGTON,MN 55438 IIII II ) EXISTING - (612)720-0052 V I 2 oar CONTOUR, TYP. wII A-4 l I EXISTING POWER \ ■ "` PROJECT X i I v POLE, TYP. ■ >� EXISTING GRAVEL 9ti6 I 20141122104 DRIVEWAY, TYP. I \ L — — — — — — — — — TREE LINE, TRIM :. ■ \\ EXISTING LOT EXISTING TREE AT ♦ 1 LOC.CODE:311232 GRAVEL S EXISTING OVERHEAD ■ ■ ■ ■ ■ ■ ■"' ■'■' \ LINE, TYP. CLEAN ROCK LINE 931 ♦'.' APPROACH I ICI \ 1 \ ELECTRIC, TYP. AND DRIVEWAY. TYP. ♦' ..'\ - \ V'......... .. I�I IIj II 0 \ FUTURE x ..x�..l♦ ■ s3r.■, MIN II CUL-DE-SAC EQUIPMENT PLATFORM EXISTING TEMPORARY CONTRUCTION jl� l IN 11 m \I \\� MONOPOLE TICKLE EASEMENT PER DOCUMENT N0. 4039080 IIII TOWER, SEE T-1 ' \ ..r 932 --- ; I• .: . . .REMOVE I I 6IIIII 7-------- - -�\� -- ---- --932 i932 EXISTING x EXISTING PERMANENT EASEMENT—` i I �< - ■ L - J...... LiI' .' 33RD CIRCLE N. PER DOCUMENT N0. 4039079 I ". It I iI I I x. �. ^. :.........I. LAKE ELMO, MN 55042 L————i'! I� GENERATOR ?;./. :'_..'.'.'.'.': '; 93, .... .... _ y SHEET CONTENTS: ::':':':': '.':':I \ `-------- r� 1 1 SITE PLAN 12'-0'WIDE GRAVEL DRVEWAY � ,..'.'.'.'.'.'. '' LESSEE ACCESS AND I ♦ !>6 d....`,.''..''..' i' ♦ COMPOUNDI�.. t....... J: ' ♦ x i t \ DETAIL INDEX ------------- ♦♦ "..".."..' GRADING PLAN UTILITIES RIGHTS OF i I/ ♦ ................. 9 ♦ ..... ...,.... a) . . �L WAY, 20'-0"WIDEi /I1 EXISTING 50' PER 3� 931 ♦1 x.."..;'..x"......x...`...... s.'.'.'.'.. ' -.. .;. DOCUMENT NO. 4011587 ♦♦ ♦♦ METER PEDESTAL !h LESSEE LAND SPACE, zQ l \ 36-0" X 32-0" g2 / 92 EXISTING DRAINAGE ♦♦ ♦♦ ;. ?B- a9 ♦ ♦ PAD MOUNTED ; - , A 9\O AND UTILITY EASEMENT 9 3` DRAWN BY: DJS PER EAST PLACE ♦ ♦ •♦♦• TRANSFORMER L - I• c� \ \ 9 ♦ 1 J DATE: 06-29-17 EXISTING I \\ 3p ♦ ■ ■ ■ ■ ■ -- CHECKED BY: MJS TREE) I I \ \ EXISTING LOT 9?8 ♦♦♦♦• 931 ■ ■ ■ ■ REV.A 07-10-17 LINE, TYP. ■ ■ ■ ® ® ® REV.B 10-05-17 1 ��� ® ■ ® REV.C 10-13-17 COMPOUND ELECTRICAL NORTH 2� 93 ORTH REV.D 11-14-17 RIGHT OF WAY, \ _ I REV.E 12-01-17 SITE PLAN M*HIC SCALE 10'-0"WIDE GRADING PLAN GRAPHIC SALE - REV.F 12-06-17 0 (1) 1 SCALE:1"=80' 0 4' y�` 2 SCALE:1/16"=V-0" 0 6' 16' A 4_1 I Dq LICENSED I I ARCHITECT _ CONTRACTOR TO COORDINATE PUBLIC AND 12427 PRIVATE UTILITY LOCATES PRIOR TO , Q� I' I CONSTRUCTION START. NOTIFY THE ARCHITECT AND THE VZW CONSTRUCTION ENGINEER q I I 45'-5" IMMEDIATELY OF ANY UTILITY LINE ISSUES. TOWER CENTER TO PROPERTY LINE NOTE: EQUIPMENT PLATFORM PROVIDED ASSEMBLED , WITH GUARD RAILS, ILC (INTEGRATED LOAD iv 6'-6" - 12'-0" 15'-6" - CENTER), CANOPY AND LIGHT FIXTURE. I hereby certity that this plan, specification or report was FENCE (2) 6' GATES FENCE I CONTRACTOR TO PROVIDE ADEQUATE LIFTING prepared by me or under my direct EQUIPMENT FOR PICKING AND SETTING ON supervision and that I am a duly FOUNDATION. registered Architect under ONNEL I the laws of the State of Minnesota. IPERS AND SNOWROBERT J.DAVIS,Reg.No.12427 x xGATE / EDGE OF CLEAN c I I I + ROCK, TYP. ------------x-----------�- ----------x - -- 1 I Signed: t712-06-17 X�� x _- X.— x T. x x x. .. '�f I Date. . . . . .TOWER . . . . . . . . . . . . x x I I EXISTING PROPERTY 7-6" 7-6" 14-0" 6'-0` . I I LINE, TYP. DESIGN SIN G EQUIPMENT PLATFORM x CABLE BRIDGE, EDE 55344 x I , VALLEY VIEW SEE A-4 __ -_ I. I LESSEE I EDEN PRAIRIE,MN 53 PREMISES WW .DESI N x \ r 0 0 x TOWER ; I x I I 1 0 0 I T.O. PLATFORM c = 933.30' AMSL I x o 0 o j I `v CL I LESSEE ACCE I verizon✓ I AND ES EASEMENT I 10801 BUSH LAKE ROAD BLOOMINGTON,MN 55438 MONOPOLE I I I I c I I I (612)720-0052 .x . TOWER, I I I I I .I SEE T-1 I I I I x I -- '�—�— `--' `'� *— x PROJECT ILC ICE SHIELD, I . d /. /." . /�- �. c� I I_-- ___J DIST. I . Z x SEE DETAIL INDEX I 20141122104 M . . _ %'� . . . SEE I LOC.CODE:311232 DIST. BOX ICE SHIELD, SEE DETAIL INDEX A-3 I I (TYP I M I N 4" 3�-6" / TICKLE M CLEAN ROCK GENERATOR cN I OVER GEOTEXTILE . . . . WITH ICE r-=--=-------- _ N iG . x. . . . . . . / . . . . . . SHIELD TTTT 33RD CIRCLE N. I LAKE ELMO,MN 55042 I . . .j�. . . . . . - �. . . . . .�\ x I. . . . . ( i. i . . . . .I . . . . . I I . I SHEET CONTENTS: I\ \—! I . . I' I �/ i i I 1 I I ENLARGED SITE PLAN ' I�\ I I i i i I I . * I I I __ FUTURE L-rL-------J 6i z x . . . LP TANK �o x x x x x x x )v x —x —`x'—x \u- '' x x DRAWN BY: DJS DATE: 06-29-17 • CHECKED BY: MJS REV.A 07-10-17 34'-0' I —1'-0" L1'-0" 14'-0" I REV.B 10-05-17 FENCE GRAVEL REV.C 10-13-17 NORTH REV.D 11-14-17 REV.E 12-01-17 ENLARGED SITE PLAN GRAPHIC SCALE REV.F 12-06-17 QjSCALE:3/16"=1'-0" 0 2•-8• 5'-4" Q-2 R� Jr Rd.................... �sp LICENSED ARCHITECT 12427 ` kP I hereby certify that this plan, ANTENNA KEY EQUIPMENT KEY specification or report was prepared by me or under my direct MOD ANTENNA ANTENNA ANTENNA ELEC MECH RRU supervision and that I am a duly AZIMUTH POSITION FUNCTION QTY MANUFACTURER MODEL TYPE LENGTH TIP CENTER DOWNTLT DOWNTLT QTY MANUFACTURER MODEL pORT registered Architect under the laws of the State of Minnesota. 340' _2.1_ TX RXO _1 _ COMMSCOPE __NHH-65C-R2B _ 700 +45 _ 96.0" _ 125__ - 121__ _ 0' _ __0'_ 1 _ERICSSON__4449 _1_ ROBERT J.DAVIS,Reg.No.12427 - 2.2 TX/RX1 - - 2ND PORT 700 -45 - - - - - - - - 2 ------ ---- ---- --- ------ ---------- ----- ----- ----- ----- ---- ---- - TX/RXO - - 3RD PORT AWS +45 - - - 0' - 1- ERICSSON 8843 1 ----2.3---- ---- --- ------ ---------- ----- ----- ----- ----- ---- ---- ----- ---- -- ___-___ 2.4 TX/RX1 _-_ -___ 4TH PORT _AWS_-45 - - - - - - - - 4 o ........ 2.5 TX/RX2 - 5TH PORT AWS +45 ___ ___ ___ 0' ___ - ERICSSON 8843 1 ---- - ............. - -------- ----- - - - - - - ---- - ------ w - 2.6 TX/RX3 - 6TH PORT AWS -45 - - - - - - - - 4 to 340' 3.1 TX/RX2 1 COMMSCOPE NHH-65C-R2B 700 +45 96.0" 125' 121' 0' 0' - ERICSSON 4449 3 signed: ------ ---- ---- --- ------ ---------- ----- ----- ----- ----- ---- ---- ------ ---- - x - 3.2 TX/RX3 - - 2ND PORT 700 -45 - - - - - - - - 4 12-06-17 ------ ---- ---- --- ------ ---------- --- 45 ----- ----- ----- ---- ---- - 3.3 TX/RXO - - 3RD PORT PCS +45 - - - 0' - 1 ERICSSON 8843 1 Date: ------ ---- ---- -_- ------ ---------- ----- ----- ----- ----- ---- ---- -- - 3.4 TX/RX1 - 4TH PORT PCS -45 - - - - - - - - 4 ------ ---- ---- --- ------ ---------- ----- ----- ----- ----- ---- ---- - 35 TX/RX2 -__ ---_-- ---5TH PORT PCS +45 _ _ 0' ERICSSON 8843 1 ------ - -- - ---------- -- DESIGN 3.6 TX RX3 - - 6TH PORT PCS -45 - - - - - - - - 4 100' 2.1 TX RXO 1 COMMSCOPE NHH-65C-R2B 700 +45 - - - 96.0" 125' 121' ( 0 1 ERICSSON 4449 1 ------ ---- ---- --- ------ ---------- ----- --- ---- ----- ---- ---- ----------- -- 2.2_ TX/RX1 - - ---2ND PORT __ 700 -45 - - - - - - - - 2 ------ ---- --- ------ ----- ----- ----- ----- ---- ---- 9973 VALLEY VIEW RD. 2.3 TX/RXO - - 3RD PORT AWS +45 - - - IT - 1 ERICSSON 8843 1 EDEN PRAIRIE,MN 55344 -2.4 TX/RX1 - 4TH PORT AWS -45 --- --- --- - - - - - - - -4 (952)903-9299 ------ ---- - -- ------ ---------- ----- ----- ----- ----- ---- ---- - 2.5 TX/RX2 - 5TH PORT AWS +45 - - - IT - - ERICSSON 8843 1 WWW.DESIGNlEP.COM 6TH PORT AWS -45 - - - - - - - - 4 r� 100' 3.1 TX/RX2 1 COMMSCOPE NHH-65C-R2B 700 +45 96.0" 125' 121' 0' 0' - ERICSSON 4449 3 ------ ---- ---- --- ------ ---------- ----- ----- ----- ----- ---- ---- ----------- -- T - 3.2 TX/RX3 - - 2ND PORT 700 -45 - - - - - - - - 4 ------ ---- ---- --- ------ ---------- ----- ----- ----- ----- ---- ---- - 3.3 TX/RXO - - 3RD PORT PCS +45 - - - 0 - 1 ERICSSON 8843 1 ------ ---- ---- --- ------ ---------- ----- ----- ----- ----- ---- ---- -------- - 3.4 TX/RX1 -- - 4TH PORT PCS--45 - - - - - - - - 4 e --- - -- ------ ---------- ----- ----- ----- ----- ---- ---- - -3.5_ TX/RX2 - - ---5TH PORT __ PCS +45 - - - - 0' - - - ERICSSON 8843 1 ® ------ ---- --- ------ ----- ----- ----- ----- ---- ----------- -- - 3.6 TX RX3 - - 6TH PORT PCS -45 - - - - - - - - 4 220 2.1 TX RXO 1 COMMSCOPE NHH-65C-R2B 700 +45 96.0" 125' 121' O' 0' 1 ERICSSON 4449 1 10801 BUSH LAKE ROAD -- ---- ---- - --_--- ---------- ----- ---_-- ---_-- ---_-- --_-- --_-- ----------- - BLO MNGTON MN 38 ___ _2.2_ ___ ___ ______ ___2ND PORT __ 7- -45 _____ _____ _____ ____ ____ - - - 2 (612)720-0052 2.3 TX/RXO - - 3RD PORT AWS +45 - - 1 ERICSSON 8843 1 ------ ---- ---- --- ------ ---------- ----- ----- ----- ----- ---- ---- ------ ---- -- 2.4 TX/RX1 - - 4TH PORT AWS -45 - - - - -_ - - - 4 o ____ _2.5_ TX/RX2_ __- ---_-_ -- STH PORT _ _AW_S +45_ _ _ _ _ 0' _ __ ERICSSON 8843 =_ __ - _ PROJECT w - 2.6 TX/RX3 - - 6TH PORT AWS -45 - - - - - - - - 4 20141122104 __220'__ 3.1 TX/RX2 1 COMMSCOPE __NHH-65C_R26 _ 700 +45 _96.0"_ _ 125__ _ 121__ _ 0' _ __0'_ - ERICSSON 4449 3 ---- ---- --- ------ ----- 1" - 3.2 TX/RX3 - - 2ND PORT 700 -45 - - - - - - - - 4 ------ --3- ---- --- ------ ---------- ----- ---___ ----- ----- ---- ---- - 3.3 TX/RXO - - 3RD PORT PCS +45 - - - 0' - 1 ERICSSON 8843 1 ------ ---- ---- --- ------ ---------- ----- ----- ----- ----- ---- ---- ----------- -- _3.4- - ---.---4TH TX/RX1 ___ _ - PORT __ PCS-45 - - - - ____ - - - 4 M I N ------ - - - -- -- ----- ----- ----- ---- 3.5 TX/RX2 - - 5TH PORT PCS +45 - - - 0' - ----ERICSSON 8843 1 - 3.6 TX RX3 - 6TH PORT PCS -45 - - - - - - - 4 TICKLE PROPOSED ADDITIONAL: CABLE LENGTHS (2) DISTRIBUTION BOXES, #DB-C1-12C-24AB-OZ (ON PLATFORM) RAD CENTER = 121' EQUIPMENT KEY (3) 6-12 HYBRID CABLE, ROSENBERGER #HL-9612150 CABLE BRIDGE = 6' 2 SCALE:NONE (2) DISTRIBUTION BOXES, #DB-Cl-12C-24AB-OZ (ON TOWER) PLATFORM = 14' (36) RET JUMPER CABLE, ERICSSON #AISG 2.0 RET (12 EACH PER SECTOR) EXTRA = 9' 33RD CIRCLE N. (12)COMMSCOPE HYBRID JUMPER, MODEL HFT412-4S29-15 (DIST. BOX TO RRU) TOTAL = 150' (36) COMMSCOPE JUMPER, MODEL LDF4-50A, FOAM 1/2 DIA (RRU TO ANTENNA) LAKE ELMO,MN 55042 ANTENNA KEY SHEET CONTENTS: ANTENNA KEY SCALE:NONE EQUIPMENT KEY DRAWN BY: DJS DATE: 06-29-17 CHECKED BY: MJS REV.A 07-10-17 REV.B 10-05-17 REV.C 10-13-17 REV.D 11-14-17 REV.E 12-01-17 REV.F 12-06-17 A-3 R� J.Rd.................... �sp LICENSED ARCHITECT NOTE: 12427 T-FRAME MAKE AND MODEL _ y+` kp;x T.B.D. CONTRACTOR TO SUPPLY: ��'9 (12) 2.5"0 x 8.5' LONG SCHEDULE GALVANIZED 40 MOUNTING PIPES SR-'\pR #3 ' k. I hereby certify that this plan, - specification or report was prepared by me or under my direct supervision and that I am a duly registered Architect under the laws of the State of Minnesota. ROBERT J.DAVIS,Reg.No.12427 Z O O - a Signed: �O U --- ---- 12-06-17 � Date: RRU, TYP. 3- �� D1ST• DESIGN Z,p BOX, TYP. 1 ACT°�A ? , ✓,..- . D,f'/�, NORTH •! + '1"- C"�'- /r� y'�' 9973 VALLEY VIEW RD. fjtE✓ I~ +' EDEN PRAIRIE,MN 55344 (952)903-9299 j W W W.DESIGN 1 EP.COM ANTENNA MOUNTING DETAIL GRAPHIC SCALE SITE PHOTO 1 SCALE:3/16"=T-0" 0 2" 5'-4 2 SCALE:LOOKING SOUTH ®® I 7fll ; 10801 BUSH LAKE ROAD BLOOMINGTON,MN 55438 (612)720-0052 PROPOSED CABLE BRIDGE POST PROJECT 20141122104 THREADED END TO LOC.CODE:311232 ACCEPT ADAPTER MIN. REFER TO S.D.F. FOR 1'-6" 3'-6" TYPE OF GPS M I N GPS ANTENNA, ANTENNA & REQUIRED ---------- SEE 4/A-4 ADAPTER TYPE TICKLE r---- r `� \� 1.5"0 x 3'-6" GALV STL 1�(g O O 1 / Q 1 / PIPE MAST CONTRACTOR TO ENSURE CABLES DO - - I NOT ENTER THE FRONT OF CABINET / \ % o , 1 PROPOSED PIPE TO PIPE___4 TOP HAT TO ACCOMMODATE VZW ; O O CLAMP SETS BY SITE OPERATIONS TENT DEPLOYMENT, ; ; 1 EXTEND CABLE BRIDGE OVER ICE SHIELD PRO 1, PART #ACP08K COORDINATE WITH VZW CE. ; ; 1 AND UNDER CANOPY, SECURE WITH 33RD CIRCLE N. O O ; Fy THREADED RODS & HARDWARE LAKE ELMO,MN 55042 CABLE BRIDGE SUPPORTS ARE REQUIRED \ % 1 SHEET CONTENTS.- AT INTERVALS NOT TO EXCEED W-O"WITH O O 5'-6" SITE PHOTO OVERHANG EXTENSIONS NOT TO EXCEED V-6" O j CABLE BRIDGE PLAN ANTENNA MOUNTING DETAIL - I I GPS MOUNTING DETAIL I 1 I I IMAN—VIEW 1 I I I 1 I I I ELEVATION DRAWN BY: DJS NORTH DATE: 06-29-17 CHECKED BY: MJS CABLE BRIDGE PLAN GRAPHIC SCALE GPS MOUNTING DETAIL REV.A 07-10-17 3 SCALE:1/4"=1'-0" o z' a' 4 SCALE:3/4"=1'-0" REV.B 10-05-17 GRAPHIC SCALE REV.C 10-13-17 0 I -4 REV.D 11-14-17 REV.E 12-01-17 REV.F 12-06-17 A-4 GENERAL CONDITIONS 02 7800 POWER TO SITE METALS OWNER—FURNISHED EQUIPMENT & FEES Contractor shall coordinate the electrical service to the platform with the Utility EQUIPMENT PLATFORM \O�V- °° ° ✓f� 00 0001 PERMITS Provider. Conduits shall include pull strings. Underground conduits shall be 2-1/2" 05 0000 METALS GENERATOR Construction Permit shall be acquired by, or in the name of, Verizon Wireless, to Schedule 40 PVC. schedule 80 PVC under roads and drives Cable to be 3 0 ° be hereinafter refereed to as the OWNER. Other permits shall be acquired b the ( ) / Contractor will furnish and install structural and fabricated steel items not MONOPOLE TOWER P q Y THWN CU. Trenches shall be backfilled in a timely fashion, using a compactor, and specifically furnished by Owner, and install Owner—furnished items. Structural steel CABINETS LICENSED Contractor. including two (2) detectable ribbons; one each at 3" and 15" above conduit. Service shall be fabricated and erected per AISC specifications. Welding shall conform to ARCHITECT shall be 200 amp, single phase, 120 240 volt. Service type shall be "General AWS standards. Field welding shall be as shown on Shop Drawings, performed b COAX AND/OR CABLES _ 00 0002 SURVEY FEES P 9 P / YP 9 P 9 P y ANTENNAS & DOWNTILT BRACKETS 12427 Survey shall be furnished by the Architect. Layout Staking shall be coordinated Time—Of—Day" if available, and meter base shall be approved by utility provider. AWS Certified Welders, and inspected as prescribed by the Structural Engineer. Steel GPS :Q� " shall be ASTM A992 OR A36, and 3/4"field bolts shall be A325. Temporary erecting with the Surveyor per "Request For Quote", (RFQ). BUILDING PERMIT FEES N��, � 02 7900 TELCO TO SITE bolts, clip hangers, and bracing shall be furnished by Contractor. Fabrications shall e 01 0010 INSURANCE & BONDS Contractor shall provide 2" schedule 40 PVC conduit, (schedule 80 PVC under be shop welded if possible, and galvanized before delivery to site. Structural steel, MATERIALS TESTING FEES /�� / '°°°° Contractor is to furnish Insurance certificates for themselves and subcontractors. roads and drives) with 'large sweep' elbows or 2" SDR-11 HOPE conduit for and miscellaneous iron and steel, shall be hot dipped galvanized per ASTM A123 SPECIAL INSPECTIONS FEES v1 Contractor will provide any required Bonding. Contractor agrees to warranty the directional boring, & pull string for TELCO service as noted on plans. Cable to be thickness grade 55. Fabricated iron and steel hardware shall be hot dipped project for (1) one year after completion. fiber optic lines, source and provider T.B.D. Trenches shall be as in 02 7800. galvanized per ASTM A153. Repair of damaged or uncoated galvanized surfaces shall CONTRACTOR—FURNISHED EQUIPMENT be per ASTM A780. POWER TO SITE 01 0400 SUPERVISION & COORDINATION 02 8000 SITE IMPROVEMENTS TELCO TO SITE Contractor shall provide supervision throughout the Project, coordinating the work WOOD & PLASTICS Iherebyation or that plan, P P 9 J 9 Areas bounded by fence and adjacent to Equipment Platform shall receive CABLE BRIDGE & ICE SHIELDS specification or report was of the Subcontractors, and delivery & installation of Owner—fumished items. N/A polyethylene geotextile, 200 mesh woven, topped with 3" deep 3/4" to 1 1/2° clean GPS MOUNTING prepared by me or under my direct Contractor's responsibilities include arranging & conducting of Underground Utilities supervision and that I am a duly rock (no fines), raked smooth. GROUNDING MATERIALS rag Architect under Locates. Contractor shall comply with municipal, county, state and/or federal codes, THERMAL & MOISTURE GRAVEL/ROCK SURFACING & FENCING the laws of the State of Minnesota. including OSHA. 02 8001 FENCING N/A CONNECTORS, BOOTS, & RELATED HARDWARE ROBERT J.DAVIS,Reg.No.12427 01 0600 TESTING All fence materials and fittings shall be galvanized steel. Fence shall be 6'-0" DOORS AND HARDWARE Contractor is responsible for providing Agencies with sufficient notice to arrange high x 9 ga. X 2" chain link fabric, w/ 7 ga. bottom tension wire. Corner and Gate SCOPE OF WORK: for Test Samples (i.e.: Concrete Cylinders), and for Special Inspections. posts shall be 2 7/8" O.D. sch 40 steel pipe, driven 50" below grade. Line posts N/A shall be 2 3/8" O.D. sch 40 steel pipe. Top Rails shall be 1 5/8" O.D. steel pipe. CONTRACTOR SHALL PROVIDE MATERIALS, LABOR, TOOLS, TRANSPORTATION, SUPERVISION, 01 2000 MEETINGS Gate frames shall be 1 5/8" O.D. welded pipe. Fence top shall be three (3) FINISHES ETC. TO FULLY EXECUTE WORK. WORK REQUIREMENTS ARE DETAILED ON THE DRAWINGS Contractor shall make themselves aware of, and attend, meetings with the Owner strands barbed wire to 7'-0" above grade, canted outward. Bracing shall be 3/8" N/A AND SPECIFICATIONS AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING Signed: and/or Architect. Contractor is to attend a Pre—Construction Meeting of all parties truss rods and 1 5/8" O.D. pipe mid—rails at comers. Gate latch shall be ITEMS: 12-06-17 involved, prior to the start of construction. commercial grade, "Cargo" or equal. Fabric shall extend to within 1" of finish SPECIAL CONSTRUCTION Date: 01 5100 TEMPORARY UTILITIES grade. All fence materials shall be plastic black coated. SITE PREPARATION SITE WORK AND GRAVEL DRIVEWAY Contractor shall maintain the job site in a clean and orderly fashion, providing 13 1260 CABLE BRIDGE, CANOPY, & ICE SHIELDS temporary sanitary facilities, waste disposal, and security (fence area or trailer 02 8500 IRRIGATION SYSTEMS Contractor shall furnish & install materials for the Cable Bridge as indicated on EQUIPMENT PLATFORM, GENERATOR, & TOWER FOUNDATIONS DESIGN module). N/A the drawings and Verizon Wireless Standard Details. SET PLATFORM, SET GENERATOR, & ERECT TOWER Platform canopies are supplied by Equipment Platform Manufacturer. Contractor ROUTING OF GROUND, POWER, FIBER & ALARM 01 5300 EQUIPMENT RENTAL 02 9000 LANDSCAPING shall install canopy components shipped loose with the Equipment Platform. SITE GROUNDING 9973 VALLEY VIEW RD. Contractor shall furnish equipment necessary to expedite work. Contractor shall rotect existin landsca a elements that are not in the Sco a of Contractor shall furnish & install materials for the Ice Shields as indicated on the ELECTRICAL &TELEPHONE SERVICES EDEN PRAIRIE,MN 55344 P 9 P P (952)903-9299 Work. Reasonable precautions shall be taken to assure the health of existing trees Drawings & Verizon Wireless Standard Details. INSTALL ANTENNAS & CABLES WWW.DESIGNlEP.COM 01 5900 FIELD OFFICES & SHEDS and shrubbery. If conflicts arise regarding the location of root systems, branch CABLE BRIDGE AND ICE SHIELDS Contractor shall provide security (fence area or trailer module) for tools and lines, etc., the Architect must be contacted prior to performing Work that may cause 13 1400 ANTENNA INSTALL ROCK SURFACING & FENCING materials that remain overnight on site. damage. Damage resulting from disregard of this Article shall be compensated by the Contractor shall install Owner's antennas and feed lines during erecting. GRADING AND TREE REMOVAL Responsible Party and at a cost to be determined by the Property Owner, Architect, Contractor shall test and certify feed lines per current VZW standards. 01 7000 CLEAN UP & CLOSE OUT and Owner. Contractor shall clean up the Site to the satisfaction of Owner. Contractor shall Contractor to compare drawings against Owners "Request for Quote", (RFQ). If complete the items listed on the Owner's Punch List, and shall sign and return the CONCR13 3423 TRANSPORT AND SET EQUIPMENT PLATFORM/GENERATOR discrepancies arise, Contractor shall verify with Owner that the RFQ supersedes the ■ List to the Owner. Contractor shall maintain a set of drawings during the job, one Contractor shall provide crane(s) and/or truck for transporting, setting and drawings. � �I� � which changes shall be noted in red ink. A full set of redlined drawings (As—Builts) 03 1000 CONCRETE FORMWORK erecting Equipment Platform/Generator per RFQ. Contractor shall install items v are to be given to the Architect at Job completion and submit "construction work Concrete forms shall be dimension lumber, modular, or steel. shipped loose with the Equipment Platform/Generator including, but not limited to, 10801 BUSH LAKE ROAD complete memo" to Construction Engineer. the following: anchoring plates; exterior lighting; canopies; guardrails; and buss bar. BLOOMINGTON,MN 55438 (612)720-0052 01 8000 TRUCKS & MILEAGE 03 6000 GROUT 13 3613 TRANSPORT AND ERECT TOWER Contractor shall provide transportation for their own personnel. N/A Contractor shall schedule delivery of Owner—furnished Tower, and provide cranes 01 8300 TRAVEL TIME & PER DIEM for unloading and erecting. Contractor shall ensure the existence of a 3/8" cable PROJECT 03 8000 TOWER FOUNDATION safety climb (DBI/Sala or equal) on the Tower. Contractor shall provide room and board for their own personnel, and reasonable Contractor shall arrange for delivery of anchors, and shall furnish and install 20141122104 time for traveling to & from job site. materials per Tower Manufacturer Plans. Tower foundation concrete and reinforcing LOC. CODE:311232 P 9 MECHANICAL 01 9200 TAXES to be per tower manufacturers specification, or 6% t1% air entrained, 4,000 PSI Contractor shall pay sales and/or use tax on materials and taxable services. 28 days, with Grade 60 (ASTM 615) reinforcing steel, whichever is greater. 15 4000 PLUMBING M I N Contractor shall comply with the Owners Standard CONSTRUCTION SPECIFICATIONS N/A SITEWORK MINIMUM CONCRETE STANDARDS. TICKLE 02 1000 SITE PREPARATION 03 8001 CATHODIC PROTECTION 15 5000 HVAC Contractor is to mobilize within 7 calendar days of the Owner issuing a 'STARY N/A N/A document. Contractor will immediately report to Architect if any environmental considerations arise. Trees to be trimmed/removed as indicated on drawings, and ELECTRIC 03 9000 EQUIPMENT PLATFORM/GENERATOR FOUNDATION remaining stumps to be removed. Site shall be scraped to a depth of 3" minimum Contractor shall furnish & install materials for Equipment Platform/Generator to remove vegetative matter, and scrapings shall be stockpiled on site. Excess 16 5000 LIGHTING AND ELECTRICAL 33RD CIRCLE N. material to be disposed of in accordance with RFQ. A Perimeter Silt Fence is to be foundation. Concrete shall be 6% f1% air entrained, and 4,000 psi at 28 days. All P reinforcing steel is to be Grade 60 ASTM 615 Anchor bolts are furnished b Contractor shall provide labor and materials as necessary to complete the work LAKE ELMO, MN 55042 maintained for the duration of the work. 9 ( )' y shown on Drawings including items shipped loose with the Equipment Contractor. Contractor shall comply with the Owner's Standard CONSTRUCTION bl assembly.02 1100 ROAD IMPROVEMENT & CONSTRUCTION SPECIFICATIONS MINIMUM CONCRETE STANDARDS. Platform/GeneratorSHEET CONTENTS: Contractor shall furnish materials for, and install, a twelve foot (12') wide gravel 16 6000 GROUNDING OUTLINE SPECIFICATIONS driveway from the road access to the work area, for truck and crane access to site. MASONRY Base course shall be 6" deep, 3"+ crushed rock, topped with 3" deep, 1%" crushed N/A Contractor shall make themselves familiar with and follow the current GROUNDING rock, topped with 3" deep MN Class 5 (3/4" minus with binder) or Driveway Mix. STANDARDS of VERIZON WIRELESS. Contractor shall perform work as shown on Contractor shall furnish & install culverts as necessary to prevent ponding or Grounding Plans. Any site—specific grounding issues not covered by the GROUNDING washing—out from normal surface runoff. Road shall be graded smooth, and edges STANDARD are to be addressed by the Contractor to the Owner. dressed, at job completion. 02 2000 EARTHWORK & EXCAVATION Excavation material shall be used for surface grading as necessary; excess to be DRAWN BY: DJS stockpiled on site. Grading of site as shown on drawings. Excess material to be DATE: 06-29-17 disposed of in accordance with RFQ. For dewatering excavated areas, contractor shall CHECKED BY: MJS utilize sock or sediment filter for filtering of water discharge. REV.A 07-10-17 02 5000 PAVING & SURFACING REV.B 10-05-17 Gravel paving shall be as described in 02 8000. REV.C 10-13-17 REV.D 11-14-17 REV.E 12-01-17 REV.F 12-06-17 A-5 GENERAL GROUNDING NOTES: LEAD IDENTIFICATION & DESCRIPTION: 25 RING TO NEAREST LIGHTNING ROD #2 SBTC \\\\` J.D SYMBOL AND NOTE LEGEND lR............... 1 #2 SBTC Whip leads 26 LGHTNG ROD SYS TO NEARBY MTL NFPA 780 �< Lr 1 RING, EXTERNAL BURIED w RODS 2 SBTC 27 RING TO TOWER RING (2) #2 SBTC Q° -50 i An external buried ground ring (Lead 1) shall be established — 1 -- 2 SBTC AROUND SHELTER PLATFORM, TOWER, OR GUY ANCHOR / # around the equipment shelter and tower foundations. Lead 1 "Whip" leads shall connect the buried external ground ring to the —� # / 1A RING, CONCRETE ENCASED #2 SBTC 28 RING TO SHELTER RING (2) #2 SBTC shall be kept 24" from foundations; if foundations are less than following items: • 5/8" X 10'-0" GALVANIZED STEEL GROUND ROD 2 DEEP ANODE (TO IMPROVE OHMS) ROD OR PIPE 29 BRANCH AC PNL TO BUY CHG FRM NSTD33-11 LICENSED 30 BRANCH AC PNL TO OUTLETS NSTD33-11 ARCHITECT 48" apart, keep Lead 1 centered between them. If the tower 3 RING TO BLDG STL FRAME #2 SBTC I—STR TO PWR, BTTY FRAMES base is over 20'-0" from the equipment shelter, a separate Monopole Towers: O TEST WELL PREFERRED LOCATION 4 MAIN AC PANEL NEUTRAL BUS TO (2) GROUND 31 MGB/FGB #2/0 12427 Lead 1 shall be established around each foundation, and the two * Three whips to flanges on the monopole base, at least 99 RODS, ISOLATED FROM LEAD #1 NEC 250.66 32 #31 TO BATTERY CHARGER FRAME #6 I—STR Lead is shall be bonded with two parallel leads at least 6 feet apart. If none are provided, attach to the baseplate or consult ——————— #2 SBTC 'WHIP' LEAD 5 RING TO GROUND BAR 2 #2 SBTC 33 #31 TO BATTERY RACK FRAME #6 I—STR I& apart horizontally. Connections between the two Lead 1s shall tower manufacturer. 34 #31 TO PCU FRAME #6 I—STR P Y 6 RING TO EXT MTL OBJECT #2 SBTC // \\ be bi—directional. —_ __ ( ) # 35 #31 TO DSU FRAME #6 —STR Self—Support Towers: _ 5 2 2 SBTC FROM MGB, PGB, OR TGB TO LEAD 1 7 DEEP ANODE TO MGB NSTD33-9 / \ pp 8 AC PANEL TO WATER METER NEC 250.66 36 #31 TO PDU FRAME #6 I—STR All subgrade connections shall be by exothermic weld, brazed * Two whips to flange(s) on each tower leg base. If none 9 EXT WATER TO INT WATER PIPES NSTD33-9 37 MGB/FGB TO BTTY RETURN NSTD33-14.5 weld, or gas—tight UL467—listed compression fittings pre—filled are provided, attach to the baseplate or consult tower © AC HVAC UNIT 10 INT WATER PIPE TO MGB NSTD33-9 37A MGB/FGB TO RTN TERM CARR SUPP #6 I—STR with anti—oxidant compound. Subgrade connections shall not be manufacturer. 216 BC BUILDING CORNER 11-12 NOT USED 38 FGB TO PDU GB 'cold galvanize' coated. #750MCM I—STR 9 13 AC PANEL TO MGB NSTD33-9 38A FGB TO PDU GB CARRIER SUPPLY I—STR Guyed Towers: © BO BOLLARD #2/0 I hereby certify that this plan, Lead 1 shall be #2 solid bare tin—clad (SBTC) copper wire * Two whips to flange(s) on the tower base. If none are 14 MGB/FGB TO BLDG STL FRAME I—STR 39 DC BUS DUCT TO NEXT SECTION #6 I—STR specification or report was buried at local frost depth. Lead 1 bends shall be minimum provided, attach to the baseplate or consult tower manufacturer. © CBS CABLE BRIDGE SUPPORT POST 14C MGB/FGB TO ROOF/WALL MTL PNL #1/0 I—STR 40 DC BUS DUCT TO MGB/FGB #6 I—STR prepared isio me that under mydirect supervision and that I am a duly 24" radius. 'Whip' lead bends may be of 12" radius. * Establish a Lead 1 within the fence enclosure of each guy © CL CAMLOK 15 MGB/FGB TO FGB—HE SAME FLOOR #2/0 I—STR 41A MGB/FGB TO #58 #2/0 I—STR registered Architect under anchor, at least 40 foot perimeter and having 4 ground rods. 16 NOT USED 42-44 NOT USED the laws of the State of Minnesota. * ® EL ELECTRICAL SERVICE GROUND 16A ECPGB TO CABLE ENTRY RACK #1/0 I—STR 45 MAIN AC PNL TO BRANCH AC PNL NSTD33-11 ROBERT J.DAVIS,Reg.No.12427 Ground rods shall be galvanized steel, 5/8"0, spaced twenty feet #2 SBTC leads shall extend up, and be clamped (bronze apart, or as shown. Rods shall be kept min. 24 inches from clamshell or equal), to any two guy wires. NEVER weld leads to ® EM COMMERCIAL ELECTRICAL METER 17 MGB TO CABLE SHIELDING #6 I—STR 46 BRANCH AC PNL TO DED OUTLET NSTD33-11 foundations. Ground rods are required to be installed at their full the guy wires. The lead to the guy anchor 'hand' plate may be 17A ECPGB TO CABLE SHIELDING #6 I—STR 47 FGB TO INTEG FIRM #2 I—STR specified length. Depth shall be as shown in Detail 11.1 in the welded. © FAN GUY ANCHOR PLATE 17B MGB/FGB TO F-0 SPLICE SHELF #1 I—STR 48 LEAD #31 TO INTEG FIRM #6 I—STR Design 1 Standard Detail Booklet. © FP FENCE POST 18 LOWEST MGB/FGB TO HIGHEST FGB #2/0 I—STR 49 INTEG FIRM TO EQUIP SHELF BY FASTENERS Fences: 19 LEAD 18 TO OTHER FGBs, <6' #2/0 I—STR 50 PDU BTTY RET TO #51 #2/0 I—STR SPECIAL CONSIDERATIONS FOR GROUND RODS: Metallic fence within 25 feet of tower Lead 1, or within 6 feet 90 GEN GENERATOR 20 MGB/FGB TO BRANCH AC PNL #6 I—STR 51 #50 TO TRANS FIRM ISO DC PWR #6 1—STR Signed: of shelter lead 1, shall have whipleads as follows: 20A NEAREST GRND TO DISCONNECT PNL NEC 250.66 52 TRANS FIRM FUSE TO FIRM OR BAR 8 I—STR When round rods are not specified to be backfilled w Bentonite * Each corner post. GP GATE POST, 3/4" BRAID STRAP TO LEAF 20B GWB TO AC DISTR PNL 6 I—STR 53A MGB FGB TO PDF BDFB NSTD33-22 Date:17 9 P / # / / Date: Slurry: If boulders, bedrock, or other obstructions prevent driving * Each pair of gate posts. © GPS GPS UNIT 21 MGB/FGB TO INT HALO #2 I—STR 54 MGB/FGB TO STATIC DEVICES #6 I—STR of ground rods, the Contractor will need to have drilling * Any line post over 20'-0" from a grounded post. 21A INTERIOR 'GREEN' HALO #2 I—STR 55 MGB/FGB TO CABLE AT ENTRY #6 I—STR equipment bore a hole for ground rod placement. Hole to be * Each gate leaf to its respective gatepost using braided © GUY GUY WIRE, MECH. CLAMP ONLY — NO WELDS backfilled w/ Bentonite Slurry. *trap (3/4", tin—clad copper w/ lug ends). © 21 C INT HALO TO E QQUIPMENT MTL #6 I—STR 57A MGB/FGB TO CBL GRID/RUNWAY #2/0 I—STR HL HOOD OR LOUVER 21 INT HALO TO E RING #2 SBTC 56 MGB/FGB TO AC PWR RADIO XMTTR #6 I—STR DESIGN Fences around guy anchors shall be grounded in similar When specified with slurried Bentonite encasement, drilling fashion. © HB OUTSIDE OF HOFFMAN BOX 22 ROOF TOWER RING TO ROOF GRND NFPA 780 58A #41A TO AISLE FRAME #2 I—STR 9 © ILC INTEGRATED LOAD CENTER 23 MGB/FGB TO ECPGB, SAME FLOOR #1 I—STR 59A #58A TO EACH SGL FRAME GRND #6 I—STR equipment will be need to be used to be bore a hole for round 9973 VALLEY VIEW RD. 23A MGB/FGB TO CXR—HF LINR PROT #6 I—STR 60-89 NOT USED rod placement. Slurry shall be made from pelletized material Fuel tanks: EDEN PRAIRIE,MN 55344 ("Grounding Gravel"); powdered Bentonite is not allowed. If NEVER WELD to any fuel enclosure. NEVER penetrate the fuel Q MGB MAIN GROUND BAR 24 ECPGB TO EACH PROTECTOR ASSEMBLY #6 I—STR 90 GENERATOR FRAME TO EXT RING #2 SBTC (952)903-9299 boulders, bedrock, or other obstructions are found, Contractor containment. Metal tanks shall have one whip lead attached. 24A LOWER PROT ASSY TO UPPER #6 I—STR WWW.DESIGNlEP.COM shall drill to the specified depth and provide Bentonite Use an approved clamp or two—hole lug on an available flange. (a) MU GENERATOR MUFFLER encasements. (a) PGB PORT GROUND BAR Eauioment Shelter/Platform and Other General Requirements © RBR FOUNDATION REINFORCING Above—grade connections shall be by lugs w/ two—hole tongues (including but not limited toy unless noted otherwise, joined to solid leads by welding (T&B Extend new Lead 21B up to shelter halo, remaking two—way © IRS ROOF SHIELD 54856BE 'BROWN", self—threading (RECOGNIZED, EM connections as needed. Generator—equipped shelters have 6 ■ ( © SIB STEEL BEAM 2522DH.75.312), or 10,000psi crimping (BURNDY YA3C 2TC such connections. Connections within the shelter shall be by v rizo 14E2). Surfaces that are galvanized or coated shall have compression; NEVER weld inside the shelter. © SP STEEL POST v • Each vertical support pipe of the exterior cable bridge. Bridge coating(s) removed prior to bolting. Bolts shall be stainless © STP STEEL PLATFORM 10801 BUSH LAKE ROAD steel with flat washers on each side of the connection and a end shall be kept at least 6" from the tower structure. The BLOOMINGTON,MN 55438 lock washer beneath the fastening nut. Star—tooth washers shall cable bridge shall be jumpered u the vertical support pipes © TEL HOFFMAN BOX (s12)720-0052 be used between lug & dissimilar metal (copper—to—steel, etc with #2 SBTC at each vertical support pipe. ( PP ) Opposite corners of the steel equipment platform. (a) TGB TOWER GROUND BAR but are not required between tin—clad CU lugs & tin—clad CU . Opposite corners of the roof shield over the equipment bus bars. Lug tongues shall be coated with anti—oxidant © TWR TOWER BASE PROJECT shelter. compound, and excess compound wiped clean after bolting. The NOTE. REMOVE GALVANIZING FROM • Each HVAC unit shield, if separate (may be VP to © VP DIESEL FUEL VENT PIPE O connection shall then be coated with cold—galvanizing compound, FENCE POSTS /N AREAS LUGS WILL 20141122104 or with color—matchingpaint. main roof shield). BE INSTALLED. LIGHTLY COAT THE BURNDY P LOC. CODE:311232 Each HVAC package unit. Note: UNDERSIDE OF THE LUGS W/ Q CRIMP 2TC 14 Ground bars exposed to weather shall be tin—clad copper, and • Commercial electric meter box. Contractor to provide #2 solid ANTI—OX COMPOUND BEFORE CRIMP LUG shall be clean of any oxidation prior to lug bolting. Generator receptacle, if present. bare tin—clad (SBTC) copper 0 ATTACHING TO POSTS. • Steel building skid, if shelter is metal frame. 112-0 M I N wire lead from #1 ground ring r -�, ,�I Each air intake or exhaust fan vent louver. rr-,,, rrr /2"O /.D. Galvanized items shall have zinc removed within 1" of weld area, Each generator vent hood or louver. air conditioner & ice shield Q if TUBULAR TICKLE 1� and below lug surface contact area. After welding or bolting, Generator exhaust stack, external. if provided by VZW. BRAIDED the joint shall be coated with cold galvanizing compound. Opposite corners of generator support frame, if separate from TOP VIEW SIDE VIEW STRAP shelter. Ground Bar leads • Generator fuel tank, if separate from generator unit. TWO—HOLE 10,000 PSI GATE BONDED TO FENCE POST HYTAP CONNECTOR • Host building rain gutter, downspouts, and roof flashings within COMPRESSION FITTING (2 TWO—HOLE 10,000 PSI COMPRESSION FITTING 10,000 PSI COMPRESSION FITTING Ground bars are isolated electrically from tower bottoms and 25 feet. UL 9498 LISTED wl 3/4" BRAIDED TINNED COPPER JUMPER STRAP FITTING MUST BE UL467 LISTED equipment shelters by their standoff mounts. Leads from each 33RD CIRCLE N. • Telco MPOP (Main Point of Presence), if external to equipment ACCEPTABLE FOR DIRECT BURIAL ground bar to the ground ring shall be a pair of #2 SBTC, each shelter. LAKE ELMO, MN 55042 connected to Lead 1 bi—directionally with #2 SBTC 'jumpers'. Within cable vaults, one each to the ladder and to the Pairs of #2 SBTC may be required between ground bars. Leads manhole rim. COMPRESSION CONNECTOR DETAILS SHEET CONTENTS: shall be routed to ground bars as follows: 2 Note: The door frame is connected to the interior ground halo, SCALE:NTS GROUNDING NOTES * The Main Ground Bar (MGB), typically mounted inside on the and need no separate connection to the external ground ring. equipment shelter 'back' wall; or mounted to the equipment TYPE RJ platform steel beam (location varies). Inspection & Testing WELD: THOMAS & BETTS, 54856BE BROWN33" * The Port Ground Bars (PGB), mounted inside and outside on Test lead #1 and ground rods after installation but before CRIMP: BURNDY, YA3C 2TC 14E2, 10,000 PS/ the equipment shelter walls beneath the transmission line port. backfilling or connecting to any other grounding, SCREW: RECOGNIZED, EM 2522DH.75.312 Note: Transmission line grounds also attach to the PGBs. using the 3—point fall of potential method. Contractor WELDED, * The Tower Ground Bar (TGB) mounted at the base of the to notify Verizon Wireless senior construction engineer NOT tower. Note: Transmission line grounds also attach to the TGBS. at least 48 hours prior to testing. Document installation CRIMPED ® DRAWN BY: DJS and test results with photographs. DATE: 06-29-17 NOTE: Contractor shall confirm that TGBs exist at 75—foot CHECKED BY: MJS vertical intervals on any guyed or self—support tower, and that rq ' transmission lines are grounded to each TGB. Only the REV.A 07-10-17 bottom—most TGB is isolated from the tower steel frame; upper REV.B 10-05-17 TGBs may use the tower steel frame as common ground, TYPE RR TYPE VS TYPE VS TYPE HS TYPE GT TYPE PT TYPE GL LUG REV.C 10-13-17 requiring no copper leads between TGBs. REINF. BAR ROUND SURFACE FLAT SURFACE REV.D 11-14-17 EXOTHERMIC WELD DETAILS REV.E 12-01-17 REV.F 12-06-17 SCALE:NTS G-1 GROUNDING DETAIL INDEX ,�`��,R�-.1,Dq/L \ DETAIL DETAIL DESCRIPTION LICENSED x x \ PLATFORM 9'-4"X 14'-0"PLATFORM W/CANOPY GROUNDING ELEVATIONS ARCHITECT - — / 11.1 TEST WELL DETAIL,GROUND RING&ROD DETAIL 12427 '1Q x LGP + 11.3 REBAR GROUNDING DETAIL jP��11.4 CONDUIT DETAIL // .FP x— x GP V x_ x— x— x x x FP 11.5 TYPICAL GROUNDING CABLE BRIDGE DETAIL 11.6 TYPICAL TOWER GROUNDING DETAIL x \ I BI-DIRECTIONALS T \ PREFERRED I � I hereby certify that this plan, TEST WELL \ 6 _ ��--�-------- —��---t---- ——————— specifcationorreport was LOCATION _ \ — / O 6 \ prepared by me or under my direct \ x \ —��j+�'r / 6`� O`\ ©`\ \ supervision and that I am a duly 6 \ I I x `O I I I the la ssof the State of Minnesota. \TW 'R / \1� -- --I� ---I, I ROBERT J.DAVIS,Reg.No.12427 x / '-----T T4R ©;PSIS\� STP RBR I` RBR I I i RBR I\ / ©', I Q I; O t ; I b I x \_RBR! TGB I +_ MGB 5 PROPOSED EQUIPMENT TO BE It o Q5 --� � GROUNDED PER MANUFACTURERS x Signed: \ SPECS AND ATTACHED TO MAIN 12-06-17 o ; i`©TEL BUSS BAR Date: `TWR \TWRR I I I `�__-\ � '�° ILG DESIGN / I I I I I x I BI-DIRECTIONALS \I ; '--J ,'- , ,'- L— --'` STP I —� GP x x j - EDE VALLEY VIEW 553 FP i/ '`t ; '`t i I�\ i �' ----` I O EDEN PRAIRIE,MN 55344 x RBR j \ RBR \ RBR \ RBR j/ ©,`�/ 6 I WWW.DESIG9 j W W W.DESIGNI EP.COM I I ---- � T-_RBR\ RBR x I BI-DIRECTIONALS y APQ�� .: SRI BI-DIRECTIONALS / • Wur zon I .,--- --------------- I I i -, 10801 BUSH LAKE ROAD © RBR I i I \ BLOOMINGTON,MN 55438 x I I PROPOSED GROUND (612)720-0052 RODS© S SHOWN O.C. OR AS SHOWN 90 PROJECT I I _GEN ; 1 20141122104 — 1 LOC. CODE:311232 x x I \ GP I q\ 1 r-------, / M I N i I L-------J ��PREFERRED a��—L_____________J x % © TEST WELL /© SP .;RBf %RBR ©� I \6\ x TICKLE FP / LOCATION \ ; p ,©/ I© ,' ' I x x x x —x —x —x FPx —x —x�kz�—x�—�'z —fix \ FP • I� BO I© © I o ISP— 33RD CIRCLE N. I♦ ®EL/1 LAKE ELMO, MN 55042 j w SHEET CONTENTS: I I J \ O BID I Z GROUNDING PLAN r\N I w GROUNDING DETAIL INDEX r `\ \ I � ®I I ©I DRAWN BY: DJS DATE: 06-29-17 BO CHECKED BY: MJS REV.A 07-10-17 REV.B 10-05-17 REV.C 10-13-17 NOTE: NORTH REV.D 11-14-17 CONTRACTOR SHALL ENSURE THAT EACH WHIP IS REV.E 12-01-17 ROUTED TO LEAD 1 BY THE SHORTEST PATH, AND GROUNDING PLAN REV.F 12-06-17 BENDS SHALL NOT BE LESS THAN 12" RADIUS SCALE:NTS G-2 POWER TYPE: JrD^���i EXISTING 35' WIDE HANDHOLE/PULL BOX '7 120/240V, SINGLE �� �c. L PERMANENT ROAD & ��'' AT PUBLIC RIGHT OF NOTE '' 'r % UTILITY EASEMENT PER ' ''f WAY PHASE, 200 AMPS FINAL CERTIFICATE /I 1. CONTRACTOR TO COORDINATE PUBLIC AND PRIVATE UTILITY LOCATES PRIOR TO CONSTRUCTION START. NOTIFY THE ARCHITECT AND THE VZW LICENSED DOC. N0. 4066090 2 CONSTRUCTION ENGINEER IMMEDIATELY OF ANY UTILITY LINE ISSUES. ARCHITECT — y NE I 2. EXISTING UNDERGROUND UTILITY LOCATIONS ARE APPROXIMATE AND NOT ALL UTILITIES ARE SHOWN. CONTRACTOR IS RESPONSIBLE TO NOT 12427 j DAMAGE UNDERGROUND UTILITIES AND MUST CONDUCT BOTH PUBLIC AND PRIVATE UTILITY LOCATES BEFORE EXCAVATING. Q` —ENE LESSEE ACCESS J9 j OG AND UTILITIES ',, 3. CONTRACTOR SHALL RESTORE ALL AREAS, INCLUDING LANDSCAPE, DISTURBED BY CONSTRUCTION TO PRE—CONSTRUCTION CONDITIONS. F RIGHTS OF WAY r EXISTING 30' ' WIDE EASEMENT FIBER DISTRIBUTION HANDHOLE/PULL BOX, LOCATED WITHIN PER DOCUMENT PUBLIC RIGHT OF WAY INSTALLED BY I hereby certify that this plan, ��' NO. 343044 PEDESTAL MAY BE REQUIRED specification orreport was BY UTILITY PROVIDER LIT FIBER PROVIDER prepared by me or under my direct �'// �% ♦ / supervision and that I am a duly EXISTING RIGHT OF registered Architect under ' 4 WAY OF UNION PACIFIC HAND HOLE/PULL BOX, the lawsoftheStateofMinnesota. RAILROAD LOCATED WITHIN PUBLIC Oy / ROBERT J.DAVIS,Reg.No.12427 j RIGHT NSTALLED BYARK FIBER DARK WAY (PROVIDER / EXISTING PROPERTY j j EXISTING 30' WIDE ROADWAY LINE, TYP. ACCESS EASEMENT PER BOOK 284, PAGE 571 G 17" X 30" X 24" Signed: EXISTING 50' WIDE — PERMANENT EASEMENT — BOX, 1 " PULL Date:n PER DOCUMENT NO. 4011587 BOX, 12" MAX. Date: I - FROM RIGHT OF WAY. BY G.C. UNDERGROUND FIBER CONDUIT I \ DESIGN __------EXISTING PUBLIC G WITH PULL STRING AND I RIGHT OF WAY LINE, TRACEABLE WIRE FROM F HANDHO BOX AT RIGHT EXISTING 66' WIDE INGRESS TYP. 9973 VALLEY VIEW RD. OF PULL NORTH C� \ OF WAY, TO COMPOUND I I & EGRESS EASEMENT PER EDEN PRAIRIE,MN 55344 DOCUMENT NO. 353542 (952)903-9299 HANDHOLE/PULL BOX BY G.C., PULLBOX LOCATION PLAN GRAPHIC SCALE WWW.DESIGN1EP.COM MINIMUM OF 32"-36" BELOW 2 GRADE W/ 2 DETECTABLE I SCALE:1/4"=V-0" 0 2' 4' RIBBONS, APPROX 670 LF I LESSEE ACCESS I W AND UTILITIES ' _ J O RIGHTS OF WAY ���® '7no / .:".'. I ,:::. ':' ':'1 ' , '�• ` I 10801 BUSH LAKE ROAD G EXISTING TEMPORARY L — I I BLOOMINGTON,MN 55438 CONTRUCTION EASEMENT PER I (s12172o-oosz DOCUMENT NO. 4039080 EXISTING LOT UNDERGROUND FIBER Lu c \ 41 LINE, TYP. CONDUIT WITH PULL STRING O AND TRACEABLE WIRE FROM O r�rl / HANDHOLE PULL BOX TO I PROJECT / I 20141122104 TELCO ENTRY BY G.C., 17 X 30"X 24" EXISTING PERMANENT EASEMENTr MINIMUM OF 32"-36" BELOW : HANDHOLE/PULL BOX .:.. :•' "' LOC.CODE:311232 PER DOCUMENT NO. 4039079 I ,: s V EXISTING OVERHEAD \ GRADE W/ 2 DETECTABLE f% ..........ELECTRIC, TYP. RIBBONS, APPROX 25 LF l.::::I:::. —.,>< —`\ � =I Lu L--- '� - MIN . ... . ... . ..... ::. h -- - LESSEE UNDERGROUND SECONDARY R O TICKLE ———————— Ix." ELECTRICAL RUN FROM METE PREMISES [ PEDESTAL TO ILC BY G.C., L... - .Y MINIMUM OF 36" BELOW GRADE —————— EXISTING POWER x `W/ 2 DETECTABLE RIBBONS, L POLE, TYP. x --.. ..I.. r, { ..,APPROX 45 LF ----------- TELCO ENTRY, SEE— DETAILL. U I' INDEX .L... ' ....'.'..'.'..' .. " "..'.' O 33RD CIRCLE N. ——— �................. t:. f,. ___ EXISTING OVERHEAD HANDHOLE/PULL BOX AT I — \ " "' .. : UNDERGROUND PRIMARY LAKE ELMO, MN 55042 ————— ILC , / ELECTRICAL RUN FROM ELECTRIC, TYP. COMPOUND I 1 EXISTING 50' WIDE UNDERGROUND SECONDARY "' \r �. j� EXISTING POWER POLE SHEET CONTENTS: P PERMANENT EASEMENT PER ELECTRICAL RUN FROM ILC — — TO TRANSFORMER, \ DOCUMENT NO. 4011587 I I \ UTILITY ROUTE PLAN TO GENERATOR BY G C, x.. E �...I''I'''' ....' I I'.I. APPROX. 90 LF MINIMUM OF 36" BELOW I --- —_ I. ^i c w PO P. ER PULLBOX LOCATION PLAN r � O L EXISTING DRAINAGE GRADE W/ 2 DETECTABLE GENERATOR L___ .'.�.'. '. EXISTING POW COMPOUND UTILITY PLAN ,,, ;,m O AND UTILITY EASEMENT RIBBONS, APPROX 25 LF X.'.—.X'.'.'. R'....'..X ' LESSEE LAND " ? I ` PER EASTON PLACE — SPACE �TMETER PEDESTAL . FUTURE UNDERGROUND SECONDARY j LP TANK ELECTRICAL RUN FROM •. \ _ TRANSFORMER TO METER i i GE UGE EXISTING LOT PEDESTAL BY G.C., MINIMUM I U DRAWN BY: DJS 06 2 3 _ _ _ —_ / LINE, TYP. OF 36" BELOW GRADE W/ L-- � ''� I __ __ __ U-1 \ 2 DETECTABLE RIBBONS, ELECTRICAL O CHECKED BY: MJS APPROX 15 LF TRANSFORMER I I O� EASEMENT F REV.A 07-10-17 REV.B 10-05-17 NORTH NORTH REV.C 10-13-17 REV.D 11-14-17 UTILITY ROUTE PLAN GRAPHIC SCALE COMPOUND UTILITY PLAN GRAPHIC SCALE REV.E 12-01-17 1 SCALE:1"=80'-0" o �. �. 3 SCALE:1/16"=V-O" 1 a 18' REV.F 12-06-17 U-1 SITESURVEY ACCESS PROPERTY DESCRIPTION:(per US Title Solutions File No. 57763-MN1707-5030, effective date July 28, 2017.) Outlet F, Easton Village, according to the recorded plat thereof, Washington County, Minnesota. LESS AND EXCEPT: That Part of Outlet F, Easton Village, Washington County, Minnesota, according to the recorded plat thereof, lying southerly of the following described line: Beginning at the northeast corner of Lot 14, Block 7, Easton Village, Washington County, Minnesota, thence North 00 degrees 27 minutes 34 seconds West, a distance of 205.25 feet; thence northwesterly 306.24 feet along a tangential concave curve to the west, radius 960.00 feet, central angle of 18 degrees 16 minutes 39 seconds; thence North 17 degrees 28 minutes 15 seconds West, a distance of 251.69 feet; thence North 66 degrees 27 minutes 31 seconds East, a distance of 751.17, more or less to the east line of said Outlet and there terminating. PROPERTY DESCRIPTION: (per US Title Solutions File No. 54873-MN1608-5030, effective date UTILITY PROPERTY DESCRIPTION:(per US Title Solutions File No. 57764-MN1707-5030, effective SCHEDULE"B"EXHIBITS: (per US Title Solutions File No. 57763-MN1707-5030, effective date July 28, 2017.) September 6 2016.) date July 28, 2017.) 1-5a.) Not related to the survey. That part of the West half of Section Thirteen (13), Township Twenty-nine (29) North of Range All that art of the Southeast Quarter SE 1 4 of Section Thirteen 13, Township Twenty-nine Twenty-one 21 In within the following boundaries, to-wit: Beginning at the quarter post in the P ( / ) ( ) P Y 6a.) First Supplemental Declaration of Easements, Covenants, Conditions and Restrictions for Easton Village by Chase Y ( o lying 9 9 9 9 P (29) North, Range Twenty-one (21) West, Washington County, Minnesota, described as follows, Development, Inc. dated as of 6/13/2017 recorded 7/6/2017 in Instrument No. 4118515. center of the South line of said Section; thence running North along the Center Line of said Section to a point in the center of the Saint Paul & Stillwater Road; thence Southwesterly along to-wit: This document states that Outlet F is included in Additional Real Estate. No specific easements were described the center of said road to a point forty-four (44) Rods West of the East Line of the Northwest Commencing at the Southwest corner of Northwest Quarter of the Southeast Quarter (NW 1/4 of SE in this document. The easements as shown on the plat of EASTON VILLAGE are as shown on the survey. Quarter of said Section; thence South on a line parallel with the West line of said Section to a point in the South line thereof Forty-four (44) Rods West of the center post in said line; thence 1/4) of Section Thirteen (13), Township Twenty-nine (29) North, Range Twenty-one (21) West, East Forty-four (44) Rods to the place of beginning, excepting, however, a strip of land One Washington County, Minnesota; thence North along the West line of said Southeast Quarter (SE 1/4) 7a.) Declaration of Easements, Covenants, Conditions and Restrictions for Easton Village by Chase Development, Inc., a Hundred (100) Feet in width, being Forty-four (44) feet on the north side and Fifty-six (56) feet of Section Thirteen (13) for Two hundred forty(240.0) feet to the point of beginning of this Minnesota corporation dated as of 7/23/2015 recorded 8/10/2015 in Instrument No. 4037031. on the South side of center line of St. P. S. & T. F. By. track as constructed over and across description; thence continuing North along said West line to the Southeast Quarter (SE 1/4) for Six This document states that Outlet F is included in Additional Real Estate. The easement areas described in this East Forty-four (44) Rods of West One-half (Wl/2), and also excepting therefrom the East 726 hundred Sixty-seven and Eight-tenths (667.8) feet; thence East at right angles for Thirty(30.0) document are as shown on the plat of EASTON VILLAGE are as shown on the survey. feet of the South 1800 feet of the Southwest Quarter (SW1/4) of Section 13, Township 29 North, feet; thence Southeasterly by a deflection angle to the right 46 degrees 28 minutes for Two Range 21 West, Washington County, Minnesota, according to the United States Government Survey 8a.) Easement by Ella I. Lehmann (widow) & Herbert Lehmann (single) et al to Northern Natural Gas Company, a thereof, subject to the right of way of Minnesota Trunk Highway No. 5 (also known as Stillwater hundred twenty and Seven-tenths (220.7) feet; thence Southeasterly by a deflection angle to the left 20 degrees 35 minutes far Two hundred Eighty-six and . feet; thence Delaware corporation, dated 12/7/1955 recorded 2/2/1956 in Instrument No :184294. Pipeline Easement Boulevard North), and is also subject a 20 foot road use easement recorded Document 9 ght Yi d Eight-tenths 286 8 9 ( ) ft th Modification in Instrument No. 3741707 Number 328273 in the Office of the County Recorder, Washington County, Minnesota, and is also South by a deflection to the right 64 degrees 07 minutes and parallel with said West line of subject to a Northern States Power Easement recorded in Book 136 of Deeds, Page 297, in the Southeast Quarter (SE 1 / 4) for Three hundred Eighty-two and Seven-tenths (382.7) feet; thence This document describes an easement for pipeline purposes over the entire N 1/2 of the SE 1/4 of Sec. 13, Twp. Office of the County Recorder, Washington West at right angle for Four hundred forty(440) feet to the point of beginning. 29 N, Rog. 21W. The centerline of the 86' wide easement is later described in Doc. No. 3741707, This easement does not affect the surveyed area and is as shown on the survey in the vicinity map. Together with a Thirty(30) foot road easement, the Westerly line of which is described as follows; SCHEDULE"B"EXHIBITS: (per US Title Solutions File No. 54873-MN1608-5030, effective date Commencing at the Southwest corner of Northwest Quarter of Southeast Quarter (NW 1/4 of SE 9a.) Easement by Ella I. Lehmann, a widow, Raymond A. Lohman & Edna C. Lohman, his wife, Helen J. Busch & Carl September 6 2016.) 1/4) of Section Thirteen (13), Township Twenty-nine (29) North, Range Twenty-one (21) West, Busch, her husband, Herbert Lohman, single, Alice Bohnemon, a widow, a Jessie M. Richert & Edward Richert, her Washington County, Minnesota, thence North along the West line of Southeast Quarter (SE 1/4) of husband to Northern Natural Gas Company, a Delaware corporation, dated 8/17/1959 recorded 9/23/1959 in Section Thirteen (13), being the North and South Quarter line of said Section Thirteen (13) for Nine Instrument No:203591. Pipeline Easement Modification in Instrument No. 3741706 1-6.)Not related to the survey. This document describes an easement for pipeline purposes over the SW 1 4 of the NE 1 4 of Sec. 13, Tw 29 hundred seven and Eight-tenths (907.8) feet to the point of beginning of this Thirty(30) foot road P P P P / / P� easement; thence continuing North along said North and South quarter line of Section Thirteen (13) N, Rog. 21W lying south of the railroad. The centerline of the 86' wide easement is later described in Doc. No. 7. Road Use Easement b Annobella Reid to Northern States Power Company, a Minnesota 3741706. This easement does not affect the surveyed area and is as shown on the survey in the vicinity map. Y for Four hundred Seventy-six and Two-tenths (476.2) feet, being along said Westerly line of this corporation, dated 9/13/1974 recorded 11/l/1974 in Instrument No :328273. Thirty(30) foot road easement to its intersection with the Southerly right or way line of C. St. This document describes an easement for the use of ESP, its employees, agents and invitees P.M.O. Railroad, being the end of this easement, and Together with a perpetual easement in and 10a.)Temporary Construction Easement Agreement by Easton Village, LLC to The City of Lake Elmo, a Minnesota for ingress and egress purposes. This easement is as shown on the survey. right of way along, over and across that part of the East 44 rods of the West 1/2 of Sec. 13, municipal corporation, dated 11/18/2014 recorded 1/2/2015 in Instrument No: 4011585. Township 29, Range 21 which lies Northerly of the Northerly right of way line of the Chicago This document describes a 150' easement for temporary construction purposes for public utilities. The centerline 8.) Easement by Chicago and North Western Transportation Company, a Delaware corporation to Northwestern Railroad and which lies Southerly of the following described line; Commencing at the of this temporary easement is centered on the 50' wide permanent public utility easement described below in intersection of the East line of said West 1/2 of Sec. 13 with the Norther) rightline of the Doc. No. 4011586. The temporary easement shall terminate upon completion of the public involvement of the Northern States Power Company, a Minnesota corporation, dated 5/13/1975 recorded / y of way project to install the public utility and the one year warranty period for the project has expired. This temporary 3/23/1976 in Instrument No :343044. Chicago Northwestern Railroad; thence Northerly along said East line of the West 1/2 Of Sec. 13, a easement is not shown on the survey. This document describes a 30 foot wide easement for underground gas line purposes within distance of 28.49 feet to the point of beginning of said line to be described, thence Southwesterly the railroad right of way. This easement is as shown on the survey. to a point on the West line of said 44 rods of the West 1/2 of Sec. 13 which is 34. 85 feet Northerly of said Northerly right of way line of the Chicago Northwestern Railroad; as measured 11a.) Permanent Public Drainage and Utility Easement Agreement by The City of Lake Elmo, a Minnesota municipal along said West line of the East 44 rods and described line there terminating, according to the corporation to Easton Village, LLC, a Minnesota limited liability company, dated 11/18/2014 recorded 1/2/2015 in 9.) Driveway Easement by Schiltgen Farms, Inc. to Robert W. Friedrich and Ardys H. Friedrich, United States Government Survey thereof. Washington county, Minnesota. Instrument No :4011586. husband and wife, dated 3/4/1986 recorded 4/2/1986 in Instrument No :504733. This document describes a 50 foot wide easement for sanitary sewer trunk line purposes. This easement does This document describes an easement for driveway maintenance, ingress and egress purposes. affect the surveyed area and is as shown on the survey. This easement is as shown on the survey. SCHEDULE"B"EXHIBITS: (per US Title Solutions File No. 57764-MN1707-5030, effective date July 28, 2017.) 12a.)Temporary Construction Easement Agreement by Easton Village, L.L.C., a Minnesota limited liability company to 10.) Permanent Public Drainage and Utility Easement Agreement by Peter J. Schiltgen, an individual The City of Lake Elmo, a Minnesota municipal corporation, dated 8/6/2015 recorded 8/10/2015 in Instrument No to City of Lake Elmo, a Minnesota municipal corporation, dated 8/19/2014 recorded 1/2/2015 1-6b.) Not related to the survey. :4037026. in Instrument No :4011587. This document describes an easement for temporary construction purposes for public utilities across Outlet F, This document describes a 50 foot wide easement for sanitary sewer trunk line purposes. This 7b.) Driveway Easement. by Schiltgen Farms, Inc. to Robert W. Friedrich and Ardys H. Friedrich, EASTON PLACE. The easement lies southerly of the permanent public utility easement described below in Doc. easement is as shown on the survey. husband and wife, dated 3/4/1986 recorded 4/2/1986 in Instrument No :504733. No. 4037027. The temporary easement shall terminate upon completion of the public involvement of the project to install the public utility and the one year warranty period for the project has expired. This temporary easement This document describes an easement for driveway maintenance, ingress and egress is not shown on the survey. 11.) Permanent Trunk Utility Line Easement Agreement by Peter J. Schiltgen and Muriel K. Schiltgen, purposes. This easement is as shown on the survey. individual owners to City of Lake Elmo, a Minnesota municipal corporation, dated 7/1/2015 8b.) Quit Claim Deed by Willis S. Hutchinson and Katherine A. Hutchinson, husband and wife to 13a.)Permanent Public Utility Easement Agreement by Easton Village, L.L.C., a Minnesota limited liability company to recorded 8/26/2015 in Instrument No :4039079. The City of Lake Elmo, a Minnesota municipal corporation, dated 8/6/2015 recorded 8/10/2015 in Instrument No Robert W. Friedrich and Ardys H. Friedrich, husband and wife, dated 3/8/1985 recorded :4037027. This document describes an easement for trunk utility line purposes. This easement is as 4/2/1986 in Instrument No :504732. shown on the survey. This document describes a permanent easement for drainage and utility purposes across Outlet F, EASTON PLACE. This document describes a 20' wide easement for road purposes in Sec. 13, Twp. 29 N, This easement does affect the surveyed area and is as shown on the survey. 12.) Temporary Construction Easement Agreement by Peter J. Schiltgen and Muriel K. Schiltgen, Rug. 21 W. This easement does affect the surveyed area and is as shown on the survey. individual owners to City of Lake Elmo, a Minnesota municipal corporation, dated 7/l/2015 14a.)Temporary Access Easement by Easton Village, L.L.C., a Minnesota limited liability company to The Public, dated recorded 8/26/2015 in Instrument No :4039080. 8/6/2015 recorded 8/11/2015 in Instrument No :4037184. This document describes a temporary easement for construction of trunk utility line purposes. This document describes two temporary access easements for cul-de-sac purposes for 32nd Street and Linden This temporary easement is as shown on the survey. Avenue North. These temporary access easements do not affect the surveyed area and are not shown on the survey. 13.) Petition and Waiver Agreement between Peter J. Schiltgen, individual and City of Lake Elmo, a 15a-20a.) Not related to the survey. Minnesota municipal corporation dated 8/5/2014 recorded 2/6/2015 in Instrument No. 4014948. . No specific easement descriptions were provided in this document. This document is not 21a.)Easton Village Official Plat recorded 8/10/2015 in Instrument No 4037022. shown on the survey. The easements as shown on the plat of EASTON VILLAGE for Outlet F are as shown on the survey. 22a.)Easton Village 2nd Addition Official Plat recorded 7/5/2017 in Instrument No. 4118393. The plat of EASTON VILLAGE 2ND ADDITION does not affect the surveyed area and is not shown on the survey. 23a.)Development Agreement between The City of Lake Elmo, a Minnesota municipal corporation and Chase Development, Inc., a Minnesota Limited Liability Company dated 6/20/2017 recorded 7/6/2017 in Instrument No. 118514. This document describes a development agreement for the plat of EASTON VILLAGE 2ND ADDITION. This document is not related to the survey. I HEREBY CERTIFY THAT THIS DOCUMENT WAS o 2017 WIDSETH SMITH NOLTING SITE NAME. PREPARED BY ME OR UNDER MY DIRECT SUREW""ANDTHAT IAMA DULY LICENSED LAN S V DESIGN MINC TICKLE UNDER THE LAWS OF THESTP�T� WIDSETH SMITH NOLTING c �i`` M Engineering I Architecture I Surveying I Environmental Washington County,I No. Date REVISIONS By CHK APP'D SHAWN M. KUPCHO, L.S. m6l�x FIELD WORK: 5/30/17 CHECKED BY:SMK DRAWN BY: SMK/JMB ATE: 9/11/17 LICENSE # 49021 SHEET 1 OF 2 SHEETS Northeast corner of the NE 1/4 SITE SURVEY • • • of Sec. 13, Twp. 29 N, Rng. 21 W ' - -- -- 15"CMP Culvert -� �' // IE S. 924.0 Edge of Field pSemeG 4�32 _ / J 1"-600' ' NE=921.9 VICINITY MAP .92 7U - kPer a �a erman Qtie OOc.NO N• - HBO .._`_,.�'` ZO; \de PCrflc J` R� o Grove)' 925—— _ '-' �Q`v _ _ -''F"na\ ONED ' � II z n Per PER33--_ OG o Ei - OIE r Ci a f Eosemeo�Per _--- --.925 — -��— , �' \,J'; � ) 86' wide Pipeline Easement 0r\veway 7 & 8b.) 20' wide Road Easement per Document No. 3741706 z`o Nb'� of No semeot p44 __ 4,_ < i TII it ,� per Document Nos. 328273 & 504732 • ri �� / • oc e �y --Center of Sec. 13, Twp. 29N, Rag. 21 W N• �_ 8.� Opp° _-'' --+--sv\ ' 2 er '<`.\ O S_ '�� L ?` yr— P ;'' s �`."C'lc-- }rr • R$3R L _„ A \ North line of the SE 1/4 North line of the SW 1/4 Northeast corner of the SE 1/4 c lil '�i Ili , F'- ---------r-.l iii'_ of Sec. 13, Twp. 29 N, Rag. 21 W a Z - -' l of Wo ood n II II I ' --_ 11-- _—� -- `J W _ = aster\y P�oclf\c R°dr m Irli I r� — the or` E SITE- —J 'I oq Vo' y w I, li�m T w Z W w° u n ;' PID NO: 1302921420002 - - I �'\ O -Existing Power Pole I ` �-1 L )� p o w 9 with Transformer Q per oc wide N . 37 Easement 4m w a° F NORTHERN NATL GAS CO O per Document No. 3741707 4" oHF -- W ° O I i 11 w sg. ILL! �o p a,° LAKE J r E E o; a s "'I 9jry o ELMO 11 ` M illii IITI I''6o - p- I 30TH STREET N • III • PID NO:1302921310018 a s o a i l "i °o _ • I I i i'i I �v __ - �-66' wide Ingress & Egress Easement � E� --____ w I i'i _ _ per Document No. 353542 WASHINGTON COUNTY i-- i I Existing-� i� 'III ti6 Controll Structure i1," v 24"RCP ➢r __ I__ __4 -------------------- _—J IE=917.79 — --- hIr i Existing New 13a.) Drainage & Utility Easement-� Pond Site it lii'!li =i 5 per Document No. 4037027 I 1 Y t_-- r OUTLOT F �----- r-------n+ i4ir � w � �'r,, I GRID n -- — -------------------------------------� LEGEND GEODETIC NORTH ITIlit�---- Eo li�llil m\ i �� \ NORTH C PID NO: 1302921420025 o� i�ilill I - w EASTON VILLAGE LLC SIGN MAILBOX ..o �'iliiI MAGNETIC m z `_______7ryf LI,fr -- r 1, ' o oc 2jo,)O p GUYANCHOR NORTH 00141 E° E I(� o � ' Ti�� join F'er�o�o� ELEC POLE � o a.;Jnlill� i '� -- age cp SO' � _o ----------------- °no en wide O TELE PEDESTAL a -ezo ;' -- ----- �ti/ity fose�os 4p monen TREE DECIDUOUS 925 /g2S _ s2 'A°nt Po Ig86&Fpsem���.; Qs SANITARY MANHOLE 0'05' \ _ 24"9� sas \ 14SrON�7s8jt.1\ ————————— EDGE OF FIELD 9, - - z8a-\, p<4 EDGE OF WOODS r s3p a \\ `C'F ' `j ------ CULVERT CENTERLINE RAILROAD FOc UNDERGROUND FIBER OHE OVERHEAD ELEC \szy 38„ \ `,...\ \ RIGHT OF WAY LINE _ zR oyF \ ' SECTION LINE \ \ \\ QUARTER LINE e o \ SIXTEENTH LINE °z \ 9F \ ————————— PARCEL LINE s% \ ------ EASEMENT LINE o so mo ------------------ GRAVEL SURFACE SCALE(IN FEET) PID NO: 1302921420003 ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE WASHINGTON COUNTY LAMPERT ELIZABETH MINER & SCOTT COORDINATE SYSTEM NAD83(1986) SURVEYOR NOTES: V O= DENOTES A FOUND SECTION CORNER MONUMENT 1. Utilities are per observed evidence and from • = DENOTES A FOUND IRON MONUMENT P �-Southeast corner of the SE 1/4 markings per GOPHER STATE ONE CALL Of Sec. 13, Twp. 29 N, Rag. 21 W Locate Request Ticket No. 171430819, dated / May 23, 2017. — I HEREBY CERTIFY THAT THIS DOCUMENT WAS o 2017 WIDSETH SMITH NOLTING SITE NAME. PREPARED BY ME OR UNDER MY DIRECT SUPS I�1/ AND THAT I AM A DULY LICENSED LAN , V O Y` MINC TICKLE UNDER THE LAWS OF THESTP�T� WIDSETH SMITH NOLTING ?"TiDESIGNi`` FULL SCALE ON22"x34" Engineering I Architecture I Surveying I Environmental Washington County,MN No. Dale REVISIONS By CHK APP'D SHAWN M. KUPCHO, L.S. HALF SCALE ON I1"z1]" _\ FIELD WORK: 5/30/17 CHECKED BY:SMK DRAWN BY: SMK/JMB 9/11/17 LICENSE # 49021 0494A1877.002 SHEET 2 OF 2 SHEETS Tecb&' a 323 Cedar Street North Chaska, MN 55318 31 May 2018 City of Lake Elmo Attn: Emily Becker, Planning Director 3880 Laverne Ave N Lake Elmo, MN 55042 RE: Conditional Use Permit Application and variance for proposed 134'Telecommunications Tower 33rd Circle N., Lake Elmo, MN Dear Ms. Becker, On behalf of Verizon Wireless, I am submitting a Conditional Use Permit and Setback Variance application for a proposed 125' monopole telecommunications tower and 9' lightning rod for a total of 134' AGL. PURPOSE: Verizon Wireless seeks a Conditional Use Permit per the requirements of Zoning Code. The tower is proposed within a City-owned parcel located along 33rd Circle North, Lake Elmo, Washington County. LOCATION SELECTION: The proposed tower location was selected by Verizon due to its favorability in meeting the company's radio frequency objective, providing a capacity off-load serving the surrounding community. It is my hope that the Planning Commission and City Council members would approve this proposal, thus helping to provide a consistency of coverage and capacity to the community. It should be noted that Verizon did seek out collocation opportunities, but there were no feasible existing structures identified within the RF search area. It is my understanding that the proposed 134' monopole tower would comply with the provisions set forth in the Tower Ordinance of the City of Lake Elmo. Enclosed please find: 1) Conditional Use Permit Application Form 2) Variance Application Form 3) Set of scaled construction drawings to include: a. Land survey b. Tower elevation c. Site plan 4) Address Labels from Washington County 5) FCC Licensing Documentation 6) FAA Approval 7) Written Statement of Information 8) Photo Simulations 9) Exterior paint colors (see photo simulation) 10) Structural Compliance Letter/ Fall Letter Tech cape 323 Cedar Street North Chaska, MN 55318 11) Area Served/ Proof of Need Documentation 12) Landscape Plan (not applicable) 13) Applicable fees Written Statement of Information Regarding Proposal Contact Information of Owner: City of Lake Elmo 3800 Laverne Ave N Lake Elmo, MN 55042 Attn: Kristina Handt, City Administrator khandt@lakeelmo.org 651-747-3905 Verizon Wireless 10801 Bush Lake Road Bloomington, MN 55438 Ron Reiter 612-720-0052 Agent: Karyn O'Brien KGI Wireless/TechScape Wireless 323 N Cedar St Chaska, MN 55318 952-288-8130 kobrien@techscapewireless.com List of Site Data: Along 33`d Circle N Lake Elmo, MN 55042 Washington County Coordinates:44 59 54.28N, -92 52 23.47 PID 1302921310018 W1/2 Sec 13 Twp 29N Rge 21W I appreciate your consideration of the Conditional Use Permit and Variance applications, as well as the opportunity to present optimal service for Verizon Wireless subscribers in the area. Please do not hesitate to contact me if you have any additional questions regarding the proposed tower or if you require any further items to thoroughly review this application. Very Sincerely, Karyn O'Brien TechScape Wireless 952.288.8130 kobrien@techscapewireless.com Date Received: ` 1Irs" UrY OF 651-747-3900 Received By: .K E ELMO 3800 Laverne Avenue North Permit#: Lake Elmo, MN 55042 LAND USE APPLICATION ❑ Comprehensive Plan ❑ Zoning District Amend ❑ Zoning Text Amend ❑ Variance*(see below) ❑ Zoning Appeal ❑✓ Conditional Use Permit(C.U.R) ❑ Flood Plain C.U.P. ❑ Interim Use Permit(I.U.P.) ❑ Excavating/Grading ❑ Lot Line Adjustment ❑ Minor Subdivision ❑ Residential Subdivision Sketch/Concept Plan ❑ PUD Concept Plan ❑ PUD Preliminary Plan ❑ PUD Final Plan ❑ Wireless Communications Applicant: Verizon Wireless Address: 10801 Bush Lake Rd. Bloomington, MN 55438 Phone# 952-288-8130 Email Address: kobrien@techscapewireless.com Fee Owner: City of Lake Elmo Address: 3800 Laverne Ave N. Lake Elmo, MN 55042 Phone# 641-747-3900 Email Address: khandt@lakeelmo.org Property Location(Address): 11351 Upper 33rd St. N. Lake Elmo, MN 55042 (Complete(long) Legal Description: That part of the W 1/2 of Sec 13, Twp 29N. _ Please see survey attached with construction drawings for full property description PID#: 1302921310018 Detailed Reason for Request: To permit a 125'wireless communication tower with a 9' lightning rod for a total of 134'and associated ground equipment compound for Verizon Wireless. *Variance Requests: As outlined in Section 301.060 C.of the Lake Elmo Municipal Code,the applicant must demonstrate practical difficulties before a variance can be granted, The practical difficulties related to this application are as follows: Verizon seeks a variance to the expiration date of the Conditional Use Permit,requesting an initial 12-month_ extension due to lengthy construction process_Involving ordering of materials, procuring g general contractors and constraints typical with construction seasons In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay ail statements received from the City pertaining to additional application expense, Signature of applicant: Date: 5 29 18 Signature of fee owner: Date: Date Received: 1411tw CITY OF 651-747-3900 Received By: LAKEELMO 3800 Laverne Avenue Noah Permit#: Lake Elmo, MN 55042 LAND USE APPLICATION ❑ Comprehensive Plan ❑ Zoning District Amend ❑ Zoning Text Amend N Variance*(see below) ❑ Zoning Appeal ❑ Conditional Use Permit(C.U.P.) ❑ Flood Plain C.U.P. ❑ Interim use Permit(w.P.) ❑ Excavating/Grading ❑ Lot Line Adjustment ❑ Minor Subdivision ❑ Residential Subdivision Sketch/Concept Plan ❑ PUD Concept Plan ❑ PUD Preliminary Plan ❑ PUD Final Plan ❑ Wireless Communications Applicant: Verizon Wireless Address: 10801 Bush Lake Road, Bloomington, MN 55438 _ Phone# 952-288-8130 Email Address: I<obrien@techscapewireless.com Fee Owner: City of Lake Elmo Address: 3800 Laverne Ave N Lake Elmo MN 55402 Phone# 651-747-3905 Email Address: khandt@lakeelmo.org Property Location(Address): Along 33rd Circle N. (Complete(long)Legal Description: W 1 2 Sec 13.Twp 29 R e 21 PID#: 1302921310018 Detailed Reason for Request: Variance from side setback for proposed tower to 45'-5" from 134' Variance Requests: As outlined in Section 301.060 C.of the Lake Elmo Municipal Code,the applicant must demonstrate practical difficulties before a variance can be granted. The practical difficulties related to this application are as follows: The proposed tower location is the only area on the parcel suitable for building. It is tucked away in a treed area and on higher ground. The rest of the parcel is used by the City as drainage overflow and therefore it must remain unimpeded. In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning ordinance and current administrative procedures, I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional application expense. Signature of applicant: "'` Date: 5/29/2018 Signature of fee owner: Date: verl zow/ RF Justification for Proposed Site—Project Name MIN TICKLE Mihaela Oxley Radio Frequency Design Engineer This document is intended to explain the need for the Verizon Wireless site named MIN TICKLE, proposed to be constructed at the drainage facility at 11351 Upper 33`d St. N. in the city of Lake Elmo, MN 55042. The first part of the document will provide an overview of what drives the need to expand the Verizon Wireless network and will describe the concepts of coverage and capacity including examples of how these concepts are used to identify the need for the MIN TICKLE: project. The second part of this document will present alternate locations that were analyzed and the reasons why the proposed site is ultimately the best location for a new cell site. Also included in this document are maps that will evidence the need for the proposed MIN TICKLE Verizon Wireless site. As shown in these maps as well as in the analysis, the network planning activities are thorough and the location of a new cell site is deliberate in such a way that it will guarantee a I f positive addition to the network by means of balancing traffic between existing and new cell sites as well as adding coverage in those areas that are most needed for our customers. Verizon Wireless is committed to improving our network so that we can provide our customers with the best possible network experience. Introduction Within the last years, Verizon Wireless has seen a tremendous growth in network data usage. With the birth of 4G or LTE technology, a cell phone has evolved from being just a voice communications device to being a portable mini-computer that can be used for both voice calls, as well as video calls, and that can also be used for email, social media, navigation, gaming, music and much more. With the availability LTE networks, the applications have also evolved where having a reliable and fast network connection is key to the utilization of the specific application. Take for example any website or applications that provide video services. These demand high data throughput speeds in order to allow the user to download video in real time and not experience any delays or blocking while viewing the content. The challenges that any mobile carrier encounters is to ensure that not only are the customers able to connect to the network, but also that their connections are reliable and fast. This results in two main drivers for new cell site installations:the first one is coverage, while the second one is capacity. 1 Network coverage is the most important concept in wireless communications as it relates to the ability of a user to connect to the network. There are a lot of factors that have an impact on the coverage signal strength experienced by an user such as the distance between the user and the cell site,terrain in the area between the user and the serving cell site or any obstructions in this path (man-made or natural). Verizon Wireless provides the most expansive network in the US covering more square footage with our LTE network than any other carrier. It is our priority to maintain this competitive advantage and keep expanding our coverage so that we can serve our customers anywhere they go. If there are areas identified as having insufficient coverage, a new cell site will be needed in the area. In this document the concept of network coverage will be illustrated by means of Received Signal Reference Power (RSRP) maps. Network capacity is an important concept that relates to the user experience in terms of throughput speeds. Not only does Verizon Wireless want to guarantee that our customers are able to connect in as many areas as possible, but also that our customers connections are reliable and fast. When a user connects to the network,their device connects to one specific cell site (and more specifically to a certain sector of a cell site) that is located in their proximity. The user is allocated resources on the cell site as well as a specific frequency spectrum that will be available for the user's transmission and reception of data. The more frequency spectrum available, the faster the speeds that the user device will be experiencing. The user will share the serving site's resources and available spectrum with other users that are using their devices. The more and more users try connecting to the network and using their devices, the more resources are utilized at the serving site. If the number of users is high, the serving site can reach its capacity and will no longer be able to accept new user connections. Also, if the serving cell site is running at or near capacity, the users that did manage to connect will experience very slow data speeds or could even lose their connections. Verizon Wireless monitors each cell site's performance and if a cell site's sector speeds are below a certain threshold, the sector is considered exhausting and in need of capacity offload. ' Capacity offload is achieved by building new cell sites that will take over some of the traffic on the exhausting cell site's sector. The location of the new cell site needs to be chosen carefully such that enough separation is maintained between the exhausting sector and the new site to minimize interference. At the same time the new cell site needs to be close enough to a specific identified area that is driving a high amount of traffic on the existing exhausting cell site' sector.This will guarantee that the new cell site will be able to take over that traffic and thus offload the existing exhausting site. The concept of network capacity will be illustrated in this document by means of best server maps. MIN TICKLE Project The MIN TICKLE project has two objectives: first is to improve the levels of coverage in the city of Lake Elmo. This area has limited coverage and is currently served by Verizon Wireless sites that are located over 4 miles outside of town. The second objective is to provide capacity offload to the existing Verizon Wireless site called Northdale, and more specifically its East-facing sector, which is currently in exhaust. By satisfying these two objectives we will ensure that Verizon Wireless users will have access to a high- quality connection. This document will illustrate how the proposed MIN TICKLE site will help meet the 2 two objectives. In the analysis, two types of maps will be shown, each using different metrics: Reference Signal Received Power (RSRP) and Best Server coverage plots. Reference Signal Received Power (RSRP) is a metric used to measure the strength of a signal received by a device and it is measured in dBm. Different RSRP levels translate into different probabilities that a user will be able to connect and maintain a reliable connection to the network. Typically there are 3 levels of RSRP that are referred to as good, fair and poor coverage.Typical RSRP values corresponding to the three levels are: RSRP > -85 dBm is considered "good" coverage and correspond to areas where devices both outdoors and indoors will be able to establish and maintain reliable connections. RSRP between -85 and -95 dBm is considered "fair" coverage and corresponds to areas where users will be able to establish and maintain connections outdoors, but indoor connections may be compromised. RSRP between -95 and -105 dBm is where all connections may be unreliable, especially indoors, or in areas surrounded by obstructions and foliage. Areas where the RSRP is lower than -105 dBm usually corresponds to areas where connections will be highly unlikely indoors or in areas with a lot of foliage. The following map shows the existing RSRP (Figure 1) in the area surrounding the proposed site without the simulated effect of the proposed site.As can be seen in the figure, the city of Lake Elmo is situated in an area with fair and poor coverage, with several pockets of unreliable (below poor) coverage. 3 a �•�r!y!!�' �i- � , ate, ;���- -�• 't � *� Q °w�� �. - • 47 VON ti, ----w — SEE PS-1 i � � Z a� O �ZN LLJ who ., AMM E K - -•ANIL w _ -v r _-HEN tZ NOW - SEE PS-2 REM— • _ ` ao CD i -•� S11iEET N, w_ 'M I` T Lo Lo Lo • iw x i- �Rtryy �II�� z LLI UU0� Qw ozJQLu Q W Y NORTH AERIAL KEY DRAWN BY: MJS SCALE:1"=50' DATE: 05-29-18 PS-0 o F�1 0 0 W KN� A1zW� rnW�� CA •�, Wy o 0 Zo 00111 2 r wW' _ O 0 O J Lo 007 CV O L0 Z LLI CV Z Owe Lu Lu � zJJw o — QwY 111E2omoa EXISTING PHOTO DRAWN BY: MJS VIEWED SOUTHEAST DATE: 05-29-18 PS-1 A o F�1 0 0 W KN� A1zW� rnW�� CA •�, Wy o 0 Zo 00111 2 r wW' _ O 0 O J Lo 007 CV O L0 Z LLI CV Z Owe Lu Lu � zJJw o — QwY � � moQ M— PS-1OPOSED IMAGE DRAWN BY: MJS ED SOUTHEAST DATE: 05-29-18 B o F�1 0 0 W KN� A1zW� rnW�� CA Q� O W 1'' ��N Z N Wy.�o 0 Zo mmwft J =0� w'� 7�N W _ 0 0 O Cl Lo C) 0) CV C O Lr) L0 " � Z W OW Z ° w Qw z J J W o — QwY lE2omoa EXISTING PHOTO DRAWN BY: MJS VIEWED NORTHWEST DATE: 05-29-18 PS-2A o F�1 0 0 W ,w_CPW W KN� A1zW� 1W� w>n � Q g 1W 1 1 .�N V O Z N Y�o 0 zo u .01 i NON Cl b Y� B � p� CV r O Ln Lo � �U:J:) � CV Z O 0 w w U � Q w � ZJJw - awY g PROPOSED IMAGE DRAWN BY: MJS VIEWED NORTHWEST DATE: 05-29-18 PS-2B TOPO Map for ASN 2018-AGL-6010-OE r i .4 } ..,- t'?.:�. . :; , >-Y.3•'•?-`.�, s ;. 1)�.-�=S .. �f it _3tr ,( If ,. rJ 1 `.�� •ir ,-..r. -3�£,> �� •-{ry f �-jiif y '-jy�� _ � .. v-.5 '('� � ice}� ��� �.�`, •.� -"�. -�-'• ��' -Y: ���a '�4�7�i "'�,-�;. ` '✓` `� ..:mac_ 1. f�l - � � f'�j� !4 n �S t YY � ` '���7�:. .�\ f t �w .. .• -. ' 1, - -. . \ 4 ^� 4 �` � i ASV ,�!'•�,s�,.fn V J�\ _./ I � } _: - 'fit � f_` ��4 '?cc; .•}' -_ _. €. -. _ 7 yr.,., � ,• s� '. jam...� ..y �J���t,c- _ � � ': Page 6 of 6 Existing RSRP Coverage in Area Surrounding Proposed Site(Cutoff>-105dBm) Legend r.r; i v • ' � S i,' 1 1 Existing5ite SUP'" Proposed Site rON e e_vo ram. AKE. 4 . ' , i! 1 mile '' a RSRP Coverage Good * 1. Fair i r. •,� ��r 1 � LV.. III,• jt r Poor ■ T r • r �, E r 1Oc Am ff +.� JIL I e # + .19 f I A • I r l y• V. lop- EA jF Kr I - .. .•- _ A:IY?,4J[H •� .1� µwxwr, r. Figure 1:The above map shows the existing RSRP levels in the area surrounding the proposed MIN TICKLE site Best server coverage plots are used in capacity analysis and show where each of the cell sites serving in the area are dominant (also referred to as serving sites), and it is used to determine the traffic levels experienced by each site. Each cell site is generally composed of 3 or more sectors, each of which can handle a certain amount of connections. If the area served by a specific sector of a site is large and covers several high traffic areas such as neighborhoods, commercial areas, sport centers, schools or highways, the experience of a user connected to that sector will generally be degraded. This is due to the fact that the server might be running at full capacity at the given time when the user is trying to connect and use its phone or smart device. Best server analysis allows us to pin point specific high data traffic areas in the serving footprint of a site's sector and propose a new cell site that will overtake the high traffic area and thus will offload the overloaded existing sector. The new cell site will serve mainly the high traffic area, while the existing site will be focused to still cover the remainder of its coverage footprint outside the high traffic area. In other cases, if an existing site is covering a large geographical area, expanding over several miles, a new site will be needed to allow the area to be divided amongst the existing and the new site. This will result in better coverage at the edge of the coverage footprint of the existing site, as well as better data speeds for our customers. 4 Figure 2 below shows the Best Server map for the area around the proposed site MIN TICKLE without the simulated effect of the new site. Of not is the East facing sector of NORTHDALE as well as the North facing sector of VALLEY RANCH where both sectors serve a large geographical area comprised of residential traffic, highways as well as lakes. Existing Best Server Coverage Plot in Area Surrounding Proposed Site (Cutoff> -105dBm) Legend -- Iih { •4, Existing Site r Proposed Site i*+ - we;,va ft, LPKE 1 mile kd 1. #� CLEAR i .+ N SUNFI5 .` AiCE DOMW EAGi E FOiN HORSE l'�'h 4 •y •� F k� i..+� r ,7.. .... Figure 2:This map shows the existing Best Server coverage plot in the area surrounding the proposed site. Each color on the map is associated with a sector of a Verizon Wireless site, representing the serving area of that sector 5 The following two maps will show the effect of the proposed MIN TICKLE site. Figure 3 will show the expected effect on RSRP coverage, while Figure 4 will show the expected effect in terms of Best Server distribution.As can be seen with the addition of the MIN TICKLE site most of the areas in the city of Lake Elmo and especially downtown are expected to have good coverage, where now they are served with poor coverage levels. The entire Highway 5 will see a tremendous improvement in coverage from poor to good coverage levels which will have a positive effect on customers travelling along the highway. In the Best Server map (Figure 4) we notice that the MIN TICKLE site will take over traffic in most of the city of Lake Elmo, and more specifically in the downtown area, the Lake Elmo Airport, Highway 5 and also the area surrounding Lake Elmo. This will have an effect on the data speeds and thus user experience for all users in the areas shown in the map and more specifically those users travelling on Highway 5, around Lake Elmo or in the city of Lake Elmo. Expected RSRP Coverage in Area Surrounding Proposed Site (Cutoff>-10SdBm) Legend �' ti • t Existing Site Sl1�l. •• - i ''�°*{. �� Proposed Site E LON Y AKE; 1 mile " Y RSRP Coverage ,y ii►y. � Good Fair i r •.r�. � �• �. 2 ti- PoorIL y *+ • f, �� r a-•• �' 1 t E - �l vHhn CrLE �r i qW EA L `^ _ t t ♦ . . 4•i ' J �` •7 1 • r EVPtiCM �'• N lb T we Figure 3:The above map shows the existing RSRP levels in the area surrounding the proposed MIN TICKLE site,including the simulated effect of the MIN TICKLE site 6 Expected Best Server Coverage Plot in Area Surrounding Proposed Site (Cutoff>-105dBm) Legend Existing5ite - Proposed5ite -c:-v:_ CAKE - 1 mile nth St hi dr CLEARakj rI i r St N r f vv s'tJ 4.1tA a. — HORSE**E k-- "L r- eora ri !Ti F c. FF tl:1h.. Figure 4:This map shows the existing Best Server coverage plot in the area surrounding the proposed site,including the simulated effect of the proposed site.Each color on the map is associated with a sector of a Verizon Wireless site,representing the serving area of that sector. Alternate Locations Verizon Wireless has been working since 2014 on a new site that will improve coverage in the City of Lake Elmo and especially in downtown. Verizon Wireless completes a thorough analysis of possible locations for a new cell site. In this analysis, Verizon Wireless also attempts to work with the communities and owners of existing cell sites or structure to co-locate if the location would help meet the objectives of the project. This has been the case with the MIN TICKLE project where an attempt was made to co-locate on the existing water tower at Langly Ct N. After discussing with the City, it was decided that the water tank is at full capacity and would not provide sufficient room for Verizon Wireless' equipment. Since this determination was made, Verizon has been working with the City to find a suitable alternative for a new tower. 7 The map in Figure 5 shows the alternate locations that were considered for a new cell tower. 4-11�,ly Hall Oack IOWer 1121,A sight Pole z AnpOn - - u2 VFW Ball Field Llr.i o?e e YY ��..p f r t Se uch Area 1 .31h _.......�rf.SK_.»......»._»»...»»..--•__` laly EYro AOon °i -1 CIN Watertank Site for new �. PAon�q.•o12 Figure 5:Search Area Map and Alternatives for New Cell Towers The first alternate location '#1 City Water Tank Site for new Monopole' was a monopole next to the existing water tower. While the location would work in terms of distance to existing Verizon Wireless towers and traffic distribution, because of the proximity of the water tower, the azimuths (antenna orientations) on the proposed site MIN TICKLE would be very restrictive and pointed in such a way that the reflections coming from the water tower can be minimized. The restrictive azimuths would also prevent MIN TICKLE from serving in certain areas that area targeted for coverage. In addition, similar sites that are in the close proximity of a water tower have shown degradation in performance of the site and thus degradation in customer experience. Other alternative locations that were analyzed were Alternate #3 ' City Hall Clock Tower', as well as alternate #4 'Soccer Field Light Pole'. A tower located at either of Alternate #3 or Alternate #4 would provide less benefit to the network than the primary site candidate #2 VFW Ball Field Lightpole because of their location being further to the north at the edge of the City of Lake Elmo downtown. A tower at Alternate #3 or Alternate #4 of the same height as the primary Alternate #2 would provide a lower coverage footprint to the south of Highway 5 and around the lake of Lake Elmo. The expected best server map including the simulated effect of a tower at Alternate #3 is shown in Figure 6 below. As can be seen in the figure, if the MIN TICKLE site would be located at this location, it would not provide dominant coverage around the lake of Lake Elmo. This would also mean that less capacity offload would be provided to the existing Northdale and Valley Ranch sites. Similar behavior is expected of a tower that would be located at Alternate #4. Alternate #3 City Hall Clock Tower and Alternate #4 Soccer Field Light Pole would require a higher tower height (approximately 130'), in order to provide the same 8 coverage footprint south of Highway 5 and around Lake Elmo that alternate #2 VFW Ball Field Lightpole at an overall tower height of 100' would. Moreover, if the proposed tower type at the Alternate#3 and Alternate#4 needs to be of stealth design such that the antenna would not be visible to the outside,the design would place the radio transmitters on the ground, increasing the distance from transmitter to the antenna. This means that the overall system line losses will be higher and the total transmission power out of the antennas will be lower. The direct result of this will be a decreased coverage footprint of the site. Expected Best Server Coverage Plot in Area Surrounding Proposed Site at Alternate#3 (Cutoff> - 10SdBm) Legend + V Existing Site t � Proposed Site 14K,t . 1 mile 1, CL EAR% / nL 6kvN r' HORSES t ; R Figure 6:This map shows the existing Best Server coverage plot in the area surrounding the proposed site,including the simulated effect of the proposed site.Each color on the map is associated with a sector of a Verizon Wireless site,representing the serving area of that sector. 9 Mail Processing Center Aeronautical Study No. { - Federal Aviation Administration 2018-AGL-6010-OE Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth,TX 76177 Issued Date: 04/18/2018 Network Regulatory Verizon Wireless (VAW) LLC 5055 North Point Pkwy NP2NE Network Engineering Alpharetta,GA 30022 x.r. DETERMINATION OF NO HAZARD TO AIR NAVIGATION �* The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations,part 77,concerning: Structure: Monopole MIN Tickle - B (2446367) Location: Lake Elmo,MN Latitude: 44-59-54.28N NAD 83 Longitude: 92-52-23.47 W Heights: 931 feet site elevation (SE) 134 feet above ground level (AGL) 1065 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s),if any,is(are) met: It is required that FAA Form 7460-2,Notice of Actual Construction or Alteration,be e-filed any time the project is abandoned or: At least 10 days prior to start of construction (7460-2,Part 1) _._..X—Within 5 days after the construction reaches its greatest height(7460-2,Part 2) See attachment for additional condition(s) or information. To coordinate frequency activation and verify that no interference is caused to FAA facilities,prior to beginning any transmission from the site you must contact Kevin Nagel,Southeast MN SSC Manager,651-312-8871 . Based on this evaluation,marking and lighting are not necessary for aviation safety.However,if marking/ lighting are accomplished on a voluntary basis,we recommend it be installed in accordance with FAA Advisory circular 70/7460-1 L Change 1. This determination expires on 10/18/2019 unless: (a) the construction is started (not necessarily completed) and FAA Form 7460-2,Notice of Actual Construction or Alteration,is received by this office. (b) extended,revised,or terminated by the issuing office. Page t of 6 (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed,as required by the FCC,within 6 months of the date of this determination.In such case,the determination expires on the date prescribed by the FCC for completion of construction,or the date the FCC denies the application. NOTE; REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED,YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination of No Hazard is granted provided the following conditional statement is included in the proponent's construction permit or license to radiate: Upon receipt of notification from the Federal Communications Commission that harmful interference is being caused by the licencee's (permittee's) transmitter,the licensee (permittee) shall either immediately reduce the power to the point of no interference,cease operation,or take such immediate corrective action as is necessary to eliminate the harmful interference.This condition expires after 1 year of interference-free operation. This determination is based,in part,on the foregoing description which includes specific coordinates,heights, frequency(ies) and power.Any changes in coordinates,heights,and frequencies or use of greater power,except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location;Voluntary Best Practices,effective 21 Nov 2007,will void this determination.Any future construction or alteration,including increase to heights,power,or the addition of other transmitters,requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed,you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. s This determination does include temporary construction equipment such as cranes,derricks,etc.,which may be (� used during actual construction of the structure.However,this equipment shall not exceed the overall heights as I indicated above.Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law,ordinance,or regulation of any Federal,State,or local government body. A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because the structure is subject to their licensing authority. This determination cancels and supersedes prior determinations issued for this structure. If we can be of further assistance,please contact our office at(718) 553-2611,or angelique.eersteling@faa.gov. On any future correspondence concerning this matter,please refer to Aeronautical Study Number 2018- AGL-6010-OE. Page 2 of 6 Signature Control No: 360999521-362995087 (DNE) Angelique Eersteling Technician Attachment(s) Additional Information Frequency Data Map(s) cc: FCC Page 3 of 6 Additional information for ASN 2018-AGL.6010-OE Upon receipt of notification from the Federal Communications Commission that harmful interference is being caused by the licensee's(permittee's) transmitter,the licensee (permittee)shall either immediately reduce the power to the point of no interference,cease operation or take such immediate corrective action as is necessary to eliminate the harmful interference. This condition expires after 1 year of interference-free operation.FAA facilities critical to aviation safety are located less than 1 nm from your proposed transmitter site.You may cause harmful interference to these facilities if your equipment meets only minimum FCC standards for spurious emissions. Before you begin any transmission from your facility,contact Southeast MN SSC Manager,651-312-8871 to arrange procedures to verify that no interference is caused. FCC requirements in: 47 CFR 73.44(c ) (AM Broadcast)47 CFR 22.907 (c) (Fixed Cellular)47 CFR 21.106 (c) (Common Carrier Fixed Microwave)47 CFR 74.23 (a ) Broadcast Auxiliary Transmitters)47 CFR 94.71 (d)(operational fixed service frequency).Indicate that the licensees may need to employ extra filtering or take other measures if their transmissions disrupt other services.The commission requires its licensees to cooperate fully with other Federal agencies(users in other services)in this case the FAA to eliminate any harmful interference covered by the above requirement. Page 4 of 6 Frequency Data foi• ASN 201.8-AGL-6010-OE LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERP UNIT 6 7 GHz 55 dBW 6 7 GHz 42 dBW 10 11.7 GHz 55 dBW 10 11.7 GHz 42 dBW 17.7 19.7 GHz 55 dBW 17.7 19.7 GHz 42 dBW 21.2 23.6 GHz 55 dBW 21.2 23.6 GHz 42 dBW 614 698 MHz 1000 W 614 698 MHz 2000 W 698 806 MHz 1000 W 806 901 MHz 500 W 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 929 932 MHz 3500 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1670 1675 MHz 500 W 1710 1755 MHz 500 W 1850 1910 MHz 1640 W 1850 1990 MHz 1640 W 1930 1990 MHz 1640 W 1990 2025 MHz 500 W 2110 2200 MHz 500 W 2305 2360 MHz 2000 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W 2496 2690 MHz 500 W Page 5 of 6 REFERENCE COPY This is not an official FCC license.It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated.In cases where FCC rules require the presentation,posting,or display of an FCC license,this document may not be used in place of an official FCCe. r,om b<i ') A �ederai Communications C,omlmission Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION Ma �E- R. w„ e'S, '.°' LICENSEE V C 1 ° VIRELI 5,&JVAW)LLC Call Sign Tile Number r KNKA219 ATTN: REGULATOR Radio Service VERIZON WIRELESS(V )II.C CL-Cellular 5055 NORTH POINT PK J I'2N 'NETWORK ENGINEERING ALPHARETTA,GA 30022 Market Numer Channel Block CMA015 B Sub-Market Designator FCC Registration Number(FRN): 00038L( 07 ,, 0 11 Market Name -' Minneapolis-St.Paul,MN-WI e Grant Date Effective Date Date Five Yr Build-Out Date Print Date 08-26-201.4 11-04-2016 10-0 Site Information: Location Latitude Longitude Gi o Elev toh Structure Hgt to Tip Antenna Structure (me i 10, (meters) Registration No. 2 44-43-54.9 N 093-08-08.8 W 292.3 Address: 14950 CHIPPENDAL.E RD. City:ROSEMOUNT County:DAKO'l'A State: MN Consti ri 0011 I* line: Antenna:4 Maximuin Transmitting ERP in Watts: 140.820 Azimuth(from true north 0 45 90 135 18U" 215 270 315 Antenna Height AAT(meters) 69.700 84.200 73.600 67.100 66.500 46,100 52.600 76.700 Transmitting ERP(watts) 209.760 63.350 0.870 0.460 0.580 O L 0 27.020 170.500 Antenna:5 Maximum Transmitting ERP in Watts: 140,820 Azimuth(from true north)) 0 45 90 135 400 237 270 315 Antenna Height AAT(meters) 69.700 84.200 73.500 67.100 60.500 52.700 76.700 Transmitting ERP(watts) 3.020 69.170 234.390 181.940 28.180 =0�00<, 0.500 0.500 Antenna.6 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north 0 45 90 135 180 '2, 270 315 Antenna Height AAT(meters 69.700 84.200 73.600 67.100 60.500 "l i.i(10 ..`,,"52;700 76.700 Transmitting ERl'(watts) 0.200 0.200 0.200 4.500 49.320 100(90'' °48.190 2.840 Conditions: Pursuant to§309(h)of the Communications Act.of 1.934,as amended,47 U.S.C.§309(h),this license is sub'. pt to following conditions: This license shall not vest in the licensee any right to operate the station nor a 'i T ipo}'"the frequencies designated in the license beyond the term thereof nor in any other manner than authorize I either the icense not the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C.§310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C.§606. FCC 601-C Page 1 of 16 March 2018 Licensee Name: VERIZON WIRELESS(VAW)LLC Call Sign: KNKA29 , File Number: Print Date: Location 6, Longitude Ground Elevation Structure Hgt to Tip Antenna Structure „ . (meters) (meters) Registration No. 4 45-09-37 ' 093-01-39.8 W 277.1 509 1023107 Address:7050A RD City:Hugo Co nt . State: MN Construction Deadline: q Antenna:4 Maximum Transmitting#1id WK_ A 0 Azimuth(from true north r ; 0 45 90 135 180 225 270 315 Antenna Height AAT(mete W 49.600 38.800 26.200 29,000 41.800 43.800 51.700 50.200 Transmitting ERP(watts) = 20 72.510 6.920 0.430 0.430 4.170 4.710 169.990 Antenna:5 :r Maximum Transmitting ERP in ( i 0.$ 0 Azimuth(frorn true north ; '�' �� 45 90 135 180 225 270 315 Antenna Height AAT(metens� :s .Pd900 F,A38.800 26.200 29.000 41.800 43,800 51.700 50.200 Transmitting ERP(watts) G /,980 =i079.840 200.550 159.300 37.340 3,41.0 0.420 0.540 Antenna:6 ,rvs n !A�r �� Maximum Transmitting ERP in Watts: :M Azimuth(from true north) 1,,A� 'u, 90 135 180 225 270 315 Antenna Height AAT(meters) 49.600 26.200 29.000 41.800 43.800 51.700 50,200 Transmitting ERP(watts) 1.240 e ,., 8 1.300 18370 113.270 192.360 105,710 14.930 Location Latitude Longitude d Elevation Structure Hgt to Tip Antenna Structure (meters) Registration No. 5 45-11-12.9 N 093-33-00.9 W 3.5 80.2 1023048 Address:SUNSHINE PARK MAIN S'1 .,% City: ROGERS County: HENNEPIN State: MN �t0ion.Deadline: Antenna:4 Maximum Transmitting ERP in Watts: 140.820 Aziinuth(from true north 0 45 9 t3� ,,, 180 225 270 315 Antenna Height AAT(meters) 93.700 100.000 l 0I QUO %''136,100` 77.500 69.900 80.000 85.000 Transmitting ERP(watts) 226.1.80 68.300 0.940 t�:4Jp 0.620 0.490 29.140 183.840 Antenna:5 Maximum Transmitting ERP in Watts: 140.820 A Azimuth(from true north 0 45 903? 180 225 270 315 Antenna Height AAT(meters) 93.700 100.000 101.500 86.400 77.500 69.900 80.000 85,000 Transmitting ERP(watts) 2.910 37.410 43580 49.440 2 -.02 0 70 0.470 0.470 Antenna:6 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45 90 135 18U 235 270 315 Antenna Height AAT(meters) 93.700 100-000 101.500 86.400 "AW _5oo 69o00 80.000 85.000 Transmitting ERP(watts) 01180 0.180 0.180 4.020 r{4.080 000 43.080 2.540 FCC 601-C Page 2 of 16 March 2018 Licensee Name: VERIZON WIRELESS(VAW)LLC `° .Print Date: Call Sign: KNKA2< � ��� Tile Number: Location ff Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 6ns 45-03-1 093-49-54,0 W 286..5 148.4 1022990 Address: (Dela Uly. TATE HWY 14 City: FRANKLI IGHT State: MN Construction Deadline: �t Antenna:4 R, `~� M, Maximum Transmitting s< i�W, � 20 Azimuth(from true north 0 45 90 135 180 225 270 315 Antenna Height AAT(meter 136.200 133.200 L29,500 137.100 134,300 129.500 128.400 140,900 Transmitting ERP(watts) Antenna:5 1 , 0 3,100 0.250 0.250 0.250 1.590 22.440 70.960 . Maximum Transmitting ERP in Azimuth(from true north ( ) N 45 90 135 180 225 270 315 Antenna Height AAT(meters) OO.fi 133.200 129,SOU 137.100 134.300 129500 128.400 140.900 Transmitting ERP(watts) kh 3 "3,04Q 61.870 22.580 1.820 0.290 0.290 0.290 Antenna:6aka Maximum Transmitting ERP in Watts: 0 Azimuth(from true north) 4§15-,t 90 135 180 225 270 315 Antenna Height AAT(meters) 136.20 133 00 6 129.500 137.100 134.300 129.500 128.400 140.900 Transmitting ERP(watts) �fl 0,730 12.91.0 93.540 102 570 18.660 0.690 " <n. ,. Location Latitude Longitude z4T17Gr-mod Elevation Structure Hgt to Tip Antenna Structure s (meters) Registration No. 7 4M 45-32-40.8 N 092-58-20.4 W t�2 1.992, � 149.3 10231.16 Address:(North Branch)0.3 Miles East on CR 30 4 th Strcnat City:North Branch County:CHISAGO State: M nstt on Deadline: n Antenna:4 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north 0 45 9 I 13� 180 225 270 315 Antenna Height AAT(meters) 146.100 167.400 159 900 1�5.2E)(),;, 150.200 144.600 136.000 140.800 Transmitting ERP(watts) 138.040 69.180 8.970 ( G90 0.280 1.380 1.6.980 91.200 Antenna:5 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45 90 180 225 270 315 Antenna Height AAT(meters) 149.900 168.000 160.500 155.800 151.100 145.200 136.600 1.41.400 Transmitting ERP(watts) 0.160 1.450 19.500 79.430 12.50ff "" 1,410 0.180 0.150 Antenna:6 Maximum Transmitting ERl'in Watts: 140.820 Azinurth(from true north) 0 45 90 135 1 SO 225s 270 315 Antenna Height AAT(meters) 151.500 172.500 165.000 160.400 `1,49.800 141.200 146.000 Transmitting ERP(watts) 0.270 0.280 2,510 33,880 f°3 .040 13.880 2.450 0.310 t FCC 601-C Page 3 of 16 March 2018 Licensee Name: VERIZON WIRELESS (VAW) LLC Call Sign:KNKA2.0 File Number: Print Date: z: ; tb`7 5a Location :� �kl , g' g p R Longitude Ground Elevation Structure Hgt to Ti Antenna Structure (meters) (meters) Registration No. 45-02-1q _z '."` 092-20-59.7 W 349.9 152.1 1023118 Address:4.35 City:BALDWI •s CROIX State:WI Construction Deadline: : U. Antenna:3m Maximum Transmitting" iW,� � ( 20 Azimuth(from true north ° R%� o 45 90 135 180 225 270 315 Antenna Height AAT(meter V 159,100 130.400 132,900 119.100 129.900 153.200 164.300 164.900 1.VTransmlttin ERP " , 0.330 0.300 0.380 0.300 0.330 0,300 141.250 t Antenna:4 _. �.� , Maximum Transmitting ERP in 10. m Azimuth(from true north)) s 45 90 135 180 225 270 315 Antenna Height AAT(meters) - 1`� 00, 4137.900 140.400 126.600 1.37.400 160.600 171.800 172.400 ems : Transmitting ERP(watts) �16. �`�`` 490 15.140 15.140 15.850 15 A90 15.810 15.850 p; Location Latitude Ground Elevation Structure Hgt to Tip Antenna Structure �$ eters) (meters) Registration No. 44-37-52.9 N 093-20-42.8 - 5.3 105.8 1022988 Address: VERNON AVENUE City: LAKEVILLE County: SCOTT Staf6i, " Co nstruction Deadline: Antenna:2 Maximum Transmitting ERP in Watts: 140.820 •- Azimuth(from true north) 0 45 135 180 225 270 315 Antenna Height AAT(meters) 99.600 66.100 00, 5.400 44.900 72.300 90500 88.000 Transmitting ERP(watts) 32.970 8.480 0 ;0:100 0.100 0.100 3.870 26.800 Antenna:3 Maximum Transmitting ERP in Watts: 140.820 Azirnuth(from true north) 0 45 9t .'s 1;S 186 225 270 315 Antenna Height AAT(meters) 157.500 124.000 142 500 1�3 4001,,; 1.02.800 130.200 148.400 145.900 Transmitting ERP(watts) 0.150 4.050 .14.360 l 1 1 0 1.440 0.100 0.100 0.100 Antenna:4 Maximum Transmitting ERP In Watts: 140.820 ab Azimuth(from true north) 0 45 90 180 225 270 315 Antenna Height AAT(meters) 157,500 124.000 142.500 123.400 102.800 130,200 148,400 145.900 Transmitting ERP(watts) 01100 0.100 0.100 0.570 7,10, ,jbk5.390 6.870 0.440 Location Latitude Longitude Ground Elevation Str tic ttlre Hgt tip Antenna Structure (meters) (n#%tors) Registration No. 10 44-46-40.9 N 093-44-49.9 W 292.6 14 7; . 1026274 Address:8810 Highway 212 City: COLOGNE County:CARVER State:MN Construction Deadline: Antenna:4 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45 90 135 180 225 Z70, 315 Antenna Height AAT(meters) 144.200 139.000 175.700 184.900 170.700 145 40(1 1 f 1,�100 142.900 Transmitting ERP(watts) 103.970 52.110 6.710 0.520 0,210 !)1} 0 12,;i9C) 68.690 1 FCC 601-C Page 4 of 16 March 2018 Licensee Name: VERIZON WIRELESS (VAW)LLC I Call Sign: KNKA2 ,: File Number: Print Date: Location, Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. gi 10 44-46-4 ' ' $ 093-44-49.9 W 292.6 148.7 1026274 Address: 8810 City:COLOGN VER State: MN Construction Deadline: %dips Antenna:5 �� f M Maximum Transmitting ?i NOW Azimuth(from true north 0 45 90 135 180 225 270 315 Antenna Height AAT(meter 144.200 139.000 175.700 184.900 170.700 145.500 141,400 142.800 Transmitting ERP(watts) Q 48.980 85.110 47,860 7.080 0.580 0.1.70 0.630 Antenna:6 Maximum Transmitting ERP in 0. Azimuth(from true north " e'ME 45 90 135 180 225 270 315 Antenna Height AAT(meters) ;1 00�,pJ38.400 175.100 184.300 1.70,000 144.900 140.800 142.2,00 Transmitting ERP(watts) ;`' ` 1.820gSI.210 0.550 8.730 57,700 105.000 81.510 22.450 m Location Latitude Longit rr � ;°Ground Elevation Structure Hgt to Tip Antenna Structure 59 OR(pueters) (meters) Registration No. 11 45-15-49.0 N 093-20-42.0 `` ., 2.8 61.0 1023117 Address:NE OF INT OF ROUND LAKE - � M -. ��� City:ANDOVER County:ANOKA State: `' ction Deadline: Antenna:4 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45 ,,.135 180 225 270 315 Antenna Height AAT(meters) 56.700 56.600 5, .900 68.500 65.300 64.500 55.700 Transmitting ERP(watts) 90.000 32.680 1 90 0.190 1.880 20.150 76.600 Antenna:5 Maximum Transmitting ERP In Watts: 140.820 k w Azimuth(from true north) 0 45 90 F 180 225 270 315 Antenna Height AAT(meters) 56.700 56,600 57.100 ,;'°�� 68.500 65.300 64.500 55.700 Transmitting ERP(watts) 5.440 54.370 ..1 6.560 '": 48 15.430 2.320 0.290 0.440 Antenna:6 � Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45 90 �f ' �' 180 225 270 315 Antenna Height AAT(meters) 56.700 56.600 57.100 59.900 68.500 65.300 64.500 55.700 Transmitting ERP(watts) 0.900 0.280 0.950 13.370 8 '-' r : 40.000 76.940 10.870 Location Latitude Longitude Ground Elevation Stru re Hgt t'q Tip Antenna Structure (meters) (mrs} s Registration No. 12 45-11-47.9 N 093-57-31.9 W 317.0 94 2 1.0231.11 Address:2.47 MI SE City:MAPLE LAKE County: WRIGHT State:MN Construction Deadline: Antenna:4 Maximum Transmitting ERP In Watts: 140.820 Azimuth(from true north) 0 45 90 135 180 M70 315 Antenna Height AAT(meters) 100.200 109.000 107.200 118.800 108.400 106 A"' wx80o 97.400 Transmitting ERP(watts) 26.740 1.4.030 0.950 0.100 0.100 13.400 a<w` FCC 601-C Page 5 of 16 March 2018 Licensee Name: VERIZON WIRELESS(VAW)LLC A, Call Sign:KNKA2 File Number: Print Date: Location - Longitude Ground Elevation Structure Hgt to Tip Antenna Structure s (meters) (meters) Registration No. 12 45-1 l-47'° 093-57-31.9 W 317.0 94.2 1023111 Address:2.47 City:MAPLE L E ,WRIGHT State: MN Construction Deadline: Antenna:5 ;" ,a Maximum Transmittingl ,i40, 20 Azimuth(from true north 0#0 45 90 135 180 225 270 315 Antenna Height AAT(meter 100.200 t09.000 107.200 1.18.800 1.08.400 106.300 89.800 97.400 TransmittingERP(watts} � i Antenna:6 ((� 14.520 49.210 38.200 5.920 0.100 0.100 0.100 Maximum Transmitting ERP in A. 2 , Azimuth(from true north 45 90 135 180 225 270 315 Antenna Height AAT(meters =u a100_. 09.000 107.200 118.800 I08.400 106.300 89.800 97.400 s= �� �: Transmitting ERP(watts) 0.360 :C1,360 0.360 10.660 47.970 165.990 134.920 21..880 Location Latitude Longit e" Ground Elevation Structure Hgt to Tip Antenna Structure ` -°�� meters) (meters) Registration No. 13 X 45-19-50.9 N 093-00-09.$ j` 4.3 60.1 Address:FALLBROOK ROAD&265TH S ' City: WYOMING County: CHISAGO St`' ., IN truction Deadline: Antenna:4 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north 0 45 135 180 225 270 315 Antenna Height AAT(meters) 57.800 63.400 5 ,p,200 56.800 57.900 58.100 58.000 Transmitting ERP(watts) 41.960 159.530 0 .530 2.g10 0.360 0.360 3.410 Antenna:5 Maximum Transmitting ERP in Watts: 140.820 Aziruth(from true north) 0 45 9 1{S ISO 225 270 315 Antenna Height AAT(meters) 55.700 61,300 51.10 /, i8 I(}0,i ;; 54,700 55.800 55.900 55.800 Transmitting ERP(watts) 0.360 2.870 28.020 ; t i 1.06{) 176.8W 75.420 8.270 0.630 Antenna:6 Maximum Transmitting ERP in Watts: 140,820 ' Azimuth(from true north) 0 45 90 P5$ ''r° 180 225 270 315 Antenna Height AAT(meters) 57.800 63.400 53.200 50,200 56.800 5?.900 58.100 57.900 Transmitting ERP(watts) 1.270 0.440 0.440 0.440 0440, " 3.350 1.7.530 22.140 Location Latitude Longitude Ground Elevation Str4re Hgt tb Tip Antenna Structure (meters) { Registration No. 16 4444-33.9 N 092-53-36.7 W 274.9 39 Address: 1800 W 4th Street City: Hasting County:DAKOTA State:MN Construction Deadline: Antenna:4 " Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north 0 45 90 135 180 225 ?7t1 315 Antenna Height AAT(meters) 30.800 37,700 47,800 44,300 28.400 ;1000U 26.200 65.300 Transmitting ERP(watts) 80.940 24A40 0.340 0.180 0,220 ,0J 80< 10.43o 65.790 FCC 601-C Page 6 of 16 March 2018 Licensee Name: VERIZON WIRELESS(VAW)LLC ,A.. Call Sign:KNKA2s rile Number: Print Date• Location a Longitude Ground Elevation Structure I-Igt to Tip Antenna Structure (meters) (meters) Registration No. 16 44-44- 092-53-36.7 W 274.9 39.6 Address: 1800 - City:Hasting u A State:MN Construction Deadline: Antenna:5 Maximum Transmitting i W 140$20 Azimuth(from true north �" 0 45 90 135 180 225 270 315 Antenna Height AAT(mete ! 30.800 37.700 47.800 44.300 28.400 34.000 26.200 0.300 Transmitting ERP(watts) ()6�0 14.860 50,360 39.090 6,050 0.110 0.110 0.110 Antenna:6 s Maximum Transmitting ERP in Itn' Azimuth(from true north45 90 135 180 225 270 315 Antenna Height AAT(meter 46 6003,600 63.600 60.100 44.200 49.900 42.100 81.200 Transmitting ERP(watts) ' ''p 200 F 0.200 0.200 4.470 49.060 100.160 47.940 2.820 Location Latitude Longit ' Ground Elevation Structure Hgt to Tip Antenna Structure peters) (meters) Registration No. 18 44 4(}-43.0 N 093-36-31 0t 285.0 107.3 1023110 i Address:4255 185th St.West ' City:Jordan County:SCOTT State MN"i�, listrucfi Deadline: Antenna:4 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north 0 45 135 180 225 270 315 Antenna Height AAT(meters) 115-800 69,000 5 00 x 7.800 60.100 63.100 85.400 79.300 Transmitting ERP(watts) 44.690 13.500 t�5`100 0.1.20 0.100 5.760 36.320 Antenna:5 Maximum'l"ransmitting ERP in Watts: 14,OS20 Azimuth(from true north) 0 45 ,, 180 225 270 315 Antenna Height AAT(meters) 128.600 81.800 67.600 r 72.900 75.900 98.400 92.100 Transmitting ERP(watts) 1.130 25.890 87,720 68`�90` ' 10.550 0.190 0.190 0.190 AntenMaximum Transmitting ERP in Watts: 140.820 ' Azi ndh(from true north 0 45 90 x� 3 " 180 225 270 315 Antenna Height AAT(meters) 112.700 66.000 51.800 5/1.700 57.000 60.000 82.500 76.300 Transmitting ERP(watts) 0.360 0.360 0.360 8.040 8 80.000 86,150 5.070 Location Latitude Longitude Ground Elevation St re Hgt t"g -'p Antenna Structure (meters) (111 rs) € Registration No. 20 45-07-23.6 N 092-16-22.5 W 368.5 12 ,t3° _ 1.227107 Address:2618 County Road S City:Emerald County: ST.CROIX State: WI Construction Deadline: 3� Antenna:4 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45 90 135 180 225 , 270. 315 Antenna Height AAT(meters) 141.800 125.100 139.600 142.500 116,000 140,5(0 177;500 156.300 Transmitting ERP(watts) 5.830 6.500 0.780 01100 0.100 6.500 i� /.` rr FCC 601-C Page 7 of 16 March 2018 Licensee Name: VERIZON WIRELESS (VAW)LLC Call Sign:KNKA219 File Number: Print Date: Location Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 20 45-07-2 ,¢ r,'.: 092-16-22.5 W 3685 125.9 1227107 Address:2618 R City: Emerald on OIX State:WI Construction Deadline: Antenna:5 F" Maximum Transmitting = i 0 Azimuth(from true north 0 45 90 135 180 225 270 315 Antenna Height AAT(mete 141.800 125.100 139.600 142.500 116.000 140,500 172,500 156.300 Transmitting ERP(watts) Q 12.570 22.690 21.620 7.660 0.500 0.100 0.100 Antenna:6 Maximum Transmitting ERP in 0. Azimuth(from true north) 45 90 135 180 225 270 315 Antenna Height AAT(meters) 00 J 25.100 139.600 142.500 116.000 140.500 172.500 156.300 Transmitting ERP(watts) "T, „.200 0.230 5.570 41..080 91.040 57.640 9.780 Location Latitude Longit Ground Elevation Structure Hgt to Tip Antenna Structure ` OR peters):� (meters) Registration No. � g 21 45-07-32.0 N 092-35-26.4 " 5.2 60.7 1206290 Address: 1820 110th Street A City:New Richmond County: ST.CROIX !S,titte'- V,� f� onstruction Deadline: Antenna:4 MW Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45 135 180 225 270 315 Antenna Height AAT(meters) 82.300 64.300 6 .900 71.400 94.300 109.100 84.900 Transmitting ERP(watts) 3.010 0.250 f0° 00 0.160 1.290 12.270 21.830 Antenna:5 LOU Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north 0 45 90rF 135 180 225 270 315 Antenna Height AAT(meters) 82.300 64.300 65 300 fil i U;' i, 71.400 94.300 109.100 84.900 Transmitting ERP(watts) 3.660 24.890 50,000 300 3.850 0.200 0.100 0.190 Antenna:6 , Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45 90 180 225 270 315 Antenna Height AAT(meters) 82.300 64.300 65.300 61.900 71.400 94.300 109.100 84.900 Transmitting ERP(watts) 0,150 0.150 0.910 10.890 54,3 1,69.21.0 23.080 2.430 Location Latitude Longitude Ground Elevation St re Hgt tip ji? Antenna Structure (meters) ( rs} Registration No. 22 45-20-41.7 N 093-14-00.8 W 279.8 6 1228419 Address:20675 NE Highway 65 City:East Bethel County: ANO.KA State:MN Construction Deadline: Antenna:4 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45 90 135 180 22F 315 Antenna Height AAT(meters) 38.400 40.800 45.500 45.400 46.600 4 �)(10;� 45'1O 39.�00 Transmitting ERP(watts) 27.860 16.660 2.690 0.110 0.100 2.50 1� i FCC 601-C Page 8 of 16 March 2018 Licensee Name: VERIZON WIRELESS(VAW)LLC Call Sign: KNKA2A File Number: Print Date: s 110, g Location d '". F Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 22 45-20-4 a " 093-14-00.8 W 279.8 60.9 1228419 Address:2067 1 g 5 City: East Bethel (OKA State: MN Construction Deadline: Antenna:5 Maximum Transmitting i W 20 Azimuth(from true north `'` fir; 0 45 90 135 180 225 270 315 Antenna Height AAT(meter -8.400 40.800 45.500 45.400 46.600 48.900 45,700 39500 Transmitting ERP(watts) 10.330 51.520 65.610 21.880 2.300 0.140 0.140 Antenna:6 k Maximum Transmitting ERP In . 0 n F Azimuth(from hue north 45 90 135 180 225 270 315 Antenna Height AAT(meteis� ��4 0 40,800 45.500 45,400 46.600 48.900 45.700 39500 Transmitting ERP(watts) """�1.0 a .140 0,140 2.020 19.860 64.420 52.970 11.560 Location Latitude Longit w. Ground Elevation Structure Hgt to Tip Antenna Structure ° h :meters meters 23 �. ) (meters) Registration No. 45-03-56.0 N 092-12-13.6 �9.2 91.1 1226245 Address: 1408 300th St. P City:Glenwood City County: ST.CROIX §���onstruction Deadline: Antenna:4 Maximum Transmitting ERP in Watts: 14-0.820 Azimuth(from true north 0 4510 KKa; 135 180 225 270 315 Antenna Height AAT(meters3 96.800 139.30 15340 35.000 100.800 89.800 112,600 117.300 Transmitting ERP(watts) 48.980 19.490 ^00 0.200 0.230 2.000 17.820 Antenna:5 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45 91F 135 180 225 270 315 Antenna Height AAT(meters) 96,800 139.300 153.400 3 0GO:", 100.800 89.800 112.600 117.300 Transmitting ERP(watts) 0,150 0.420 4,940 37 90 ' - 47,390 6.860 0.530 0.150 Antenna:6 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from hue north 0 45 90 v;, ; 180 225 270 315 Antenna Height AAT(meters) 96.800 139.300 153.400 135.000 100,800 89.800 1.12.600 117.300 Transmitting ERP(watts) 4.480 0.210 0.200 0.990 11,45b' ; 2.430 89.730 37.150 Location Latitude Longitude Ground Elevation Stt 64ut,c 11gt i6 1 ip Antenna Structure (meters) (meters) % Registration No. 25 44-34-22.7 N 093-17-37.9 W 344.5 80 7 ; 1203787 Address: 11236 Deuce Rd. City:Elko County:SCOTT State: MN Construction Deadline: Antenna:4 Maximum Transmitting ERP in Watts: 140.820 � Azimuth(from true north) 0 45 90 135 180 2�5 Q; 315 Antenna Height AAT(meters) 87.200 112.300 100.100 100.100 86.900 60_ 89,100 Transmitting ERP(watts) 30.270 6,610 0.590 0.100 0.100 15t?, 11:.35,0 36.820 FCC 601-C Page 9 of 16 March 2018 Licensee Name: VERIZON WIRELESS(VAW)LLC Call 2 Sign:KNKA g � "o File Number: Print Date: Location W Longitude Ground Elevation Structure 1lgt to Tip Antenna Structure (meters) (meters) Registration No. 25 44-34-2 P 093-17-37.9 W 344,5 80.7 1203787 Address: 1123 fee d. City: Elko Co ty• _k' s State:MN Construction Deadline: 11K Antenna:5 y Maximum Transmitting i W 20 Azimuth(from true north P 7 0 45 90 135 180 225 270 315 Antenna Height AAT(mete 87.200 112.300 100.100 100.100 86.900 68.500 88.000 89.100 Transmitting ERP(watts) 39.820 80.000 42.080 6.150 0.320 0.160 0,310 Antenna:6 w VA Maximum Transmitting ERP in Azimuth(from true north) _ 45 90 135 180 225 270 315 Antenna Height AAT(meters) �� 0d 12.300 100.100 100.100 86.900 68.500 88.000 89.100 Transmitting ERP(watts) 0.1 §0.100 0.200 2.920 10.560 12.31.0 5.750 0.620 Location Latitude Longitoppp, Ground Elevation Structure Hgt to Tip Antenna Structure ?gn ;'meters) (meters) Registration No. 26 45-39-16.4 N 092-58-44.5 60.4 1226303 Address:48520 Gallant Avenue City: Rush County:CHISAGO State: M �o1i's'ifi&n Deadline: Antenna:4 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45 135 180 225 270 315 Antenna Height AAT(meters) 50.600 73.700 7 89,.600 59.600 50.000 50.600 52.200 Transmitting ERP(watts) 37.530 14.320 -;0100 0.100 0.540 7.740 31.540 Antenna:5 Maximum Transmitting ERP in Watts: 140.820 e � Azimuth(from true north) 0 45 9 .13� ISO 225 270 315 Antenna Height AAT(meters) 50.600 73.700 72.100 �)bfl0.,-;;, 59.600 50.000 50.600 52,200 Transmitting ERP(watts) 1.540 14.890 46.450 �3 7,1�0;,`, 7.850 0.680 0.100 0.1.00 Antenna:6 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45 90 ISO 225 270 315 Antenna Height AAT(meters) 50.600 73.700 72.100 0.600 59,600 50.000 50.600 52.200 Transmitting ERP(watts) 0.210 0.100 0.220 3.850 2.5 9.890 25.530 3.640 Location Latitude Longitude Ground Elevation Structure a Hgt tb Tip Antenna Structure (meters) (nt ( rs) Registration No. 77 45-15-09.3 N 094-05-35.0 W 322.2 Address:(Annandale)9938 State Hwy 55 NW,P.O.Box 340 City:Annandale County: WRIGHT State:MN Construction Deadline: Antenna:2 Maximum Transmitting ERP In Watts: 140.820 Azimuth(from true north) 0 45 90 135 1S0 315 Antenna Height AAT(meters) 54.500 50-700 51.700 47.700 45.800 �I J'1 6:1QQ 39.000 Transmitting ERP(watts) 35.480 1.550 0.350 0.350 0.780 1 l 7. 0 158.490 k � FCC 601-C Page 10 of 16 March 2018 Licensee Name: VERIZON WIRELESS(VAW)LLC Call Sign: KNKA29 File Number: Print Date: Location do Longitude Ground Elevation Structure Hgt to Tip Antenna Structure f' (meters) (meters) Registration No. 2 7 45-15- T=- '� 094-05-35.0 W 322.2 57.9 Address: (Ann99. to Hwy 55 NW,P.O.Box 340 City:Annandale C . GHT State:MN Construction Deadline: Antenna:3 yo Maximum Transmittin i W Azimuth{from true north ' � � 0 45 90 135 180 225 270 315 Antenna Height AAT(meters .54.500 50.700 51.700 47.700 45.800 44.700 36.100 39.000 Transmitting ERP(watts) � r 0 204.170 1.47.910 18.200 0.600 0.450 0.450 2.570 Antenna:4 Maximum Transmitting ERP 1n � =,40. Azimuth(trom true north 45 90 135 180 225 270 315 Antenna Height AAT(meters) �00 y50.700 51.700 47.700 45.800 44.700 36.100 39.000 Transmitting ERP(watts) ,44 ,520 6,920 89.130 223.870 89.130 6.920 0.450 gp- Location Latitude Longit .e' Ground Elevation Structure Hgt to Tip Antenna Structure Me 1.1 aneters} (meters) Registration No. 28 44-34-33.0 N 092-57-30.0 0.0 79.2 1244093 <�Gam." ., Address:25734 Rochester Road 64 g , City:Randolph County:DAKOTA State.',. tion Deadline: 12-29-2005 Antenna:4 ' 6�eC Maximum Transmitting ERP in Watts: 140,820 1 Azimuth(from true north) 0 45 135 180 225 270 315 Antenna Height AAT(meters) 123.000 122.30 1- r Q9.700 103.600 118.400 97.100 116.600 Transmitting ERP(watts) 36.480 34.050 - 20 0.100 0.100 0.440 5.780 Antenna:5 µ Maximum Transmitting ERP In Watts: 140.820 �g Azimuth(from true north 0 45 9 180 225 270 315 Antenna Height AAT(meters) 92.500 91.800 78.000 73.100 88.000 66.600 86,1.00 Transmitting ERP(watts) 0.100 0570 1.700 1.390 1.270 0.270 0.100 Antenna:6 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45 90 180 225 270 315 Antenna Height AAT(meters) 123.000 122.300 108.400 109.700 103.600 118.400 97.100 116.600 Transmitting ERP(watts) 4.390 0.320 0..100 0.100 0,=110 5-780 36.480 34.050 Location Latitude Longitude Ground Elevation Stlucjnrc IIgt fo;'1'Xp Antenna Structure 30 (meters) { eters') Registration No. 45-00-22.9 N 093-23-57.8 W 282.5 60 Address:2510 Mendelssohn Avenue North City: Golden Valley County: HENNEPIN State:MN Construction Deadline: Antenna:1 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45 90 135 180 225 170,, 315 Antenna Height AAT(meters) 57.100 66.,500 59.300 62.900 53.500 38 600 26AQ 38.000 Transmitting ERP(watts) 83.770 28.390 2.590 0.180 0,180 , 11 i(?; 14.2io 66.540 , FCC 601-C Page 11 of 16 March 2018 Licensee Name: VERIZON WIRELESS(VAW)LLC Call Sign: KNKA219` ",. File Number: Print Date: Location ' tltile;-„ Longitude Ground Elevation Structure Hgt to Tip Antenna Structure ;' fy (meters) (meters) Registration No. 30 45-00-2 ., 093-23-57.8 W 282.5 60.5 Address:2510 �&1ss,ohn Avenue North City:Golden Val y Ctlunty 'IIENNEPIN State:MN Construction Deadline: Antenna:2 TY, Maximum Transmitting J�10,1320 Azimuth(from true north �' �; 0 45 90 135 180 225 270 315 Antenna Height AAT(mete 47.600 57.000 49.900 53.400 44.000 29.100 17.400 28.500 Transmitting ERP(watts) 31.170 51.390 50.030 18.970 1.040 0.260 0,260 Antenna:3 MIN Maximum Transmitting ERP in 0. ' Azimuth(from true north) ; . , 45 90 135 180 225 270 315 Antenna Height AAT(meters) n 4b0 57.000 49.900 53.400 44.000 29.100 17.400 28.500 Transmitting ERP(watts) `5 l 5..420 6.300 9.730 13.160 11.920 8.280 5.450 Location Latitude Longit Ground Elevation Structure Hgt to Tip Antenna Structure °(meters) (meters) Registration No. 31 44-57-40.9 N 093-1438 8 :255.1 47.5 Address:2112A Minnehaha Avenue South City: Minneapolis County: HENNEPIN S # N Construction Deadline: Antenna:1 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north 0 45 l35 180 225 270 315 Antenna Height AAT(meters) 1.800 -8.300 5 t)0 .300 28.700 7.900 -2.800 5.900 Al�nssmiitti g ERP(watts) 77.290 12.540 2'10 p 10 0.210 0.950 27.430 95,090 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north 0 45 135 180 225 270 315 Antenna Height AAT(meters) 29.500 19.400 33.400 1 (}0t3 56.500 35.600 24.900 33.600 Transmitting ERP(watts) 2.440 26.740 b4.1.40 10;Kyo 0.970 0.1.30 0.130 0.400 Antenna:3 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north 0 45 90 s i ISO 225 270 315 Antenna Height AAT(meters) 1.800 -8.300 5.700 14,300 28.700 7.900 -2.800 5.900 Transmitting ERP(watts) 0.210 0.210 1.730 33.740 99 580 , ;'6.4.890 8.090 0.210 Location Latitude longitude Ground Elevation St re Hgt t ` Ip Antenna Stricture {meters} ( rs} Registration No. 32 44-53-22.0 N 092-22-22.0 W 367.3 60 #,,. Address: 183 Hwy 63 City:Baldwin County:ST.CROIX State:WI Construction Deadline: 06-12-2010 - Antenna:1 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north 0 45 90 135 180 225 270a 315 Antenna Height AAT(meters) 79.500 61.700 70.400 64.800 100.500 82,1(?0 107, 0 91.900 Transmitting ERP(watts) 51.290 1.830 0.430 0.430 0.540 18 243a` 154 0 204.170 i FCC 601-C Page 12 of 16 March 2018 Licensee Name: VERIZON WIRELESS (VAW)LLC Call Sign: K:NKA219 � _ file Number: Print Date: Location Latitude;., :, Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 32 44-53-2 �..<>. 092-22-22.0 W 367.3 60.0 Address: 183 '3 City:Baldwin ou d ST 'ROIX State: WI Construction Deadline:06-12-2010 Antenna:2 Maximum Transmitting 'att 1�#� 20 Azimuth(from true north 0 45 90 135 180 225 270 315 Antenna Height AAT(mete ;p 79.500 61.700 7U.400 64.800 100S00 82.200 105.600 91.900 Transmitting ERP(watts) 0 199,530 162.180 19.500 0.720 0.430 0.430 2.140 Maximum Transmitting ERP in Azimuth(from true north '. `,ems 45 90 135 180 225 270 315 Antenna Height AAT(meters) L 1.700 70.400 64.800 100.500 82.200 105,600 91.900 Transmitting ERP(watts) 34.4 1.480 9.330 4.440 1.660 4.140 8.320 1.490 VV Location Latitude Longit Ground Elevation Structure Hgt to Tip Antenna Structure F meters) (meters) Registration No. 33 45-21-04.9 N 093-54-43.6 09.1 57.0 Address:Barton Ave.&County Rd, I I I City:Silver Creek Townshi County: WRIG ,Scat N Construction Deadline: 06-12-2010 Antenna:I Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45 135 ISO 225 270 315 Antenna Height AAT(meters) 66.800 69,800 7 0 72.600 60.000 52500 59.800 68.000 Transmitting ERP(watts) 97,040 9.060 :0340 0.340 4.140 65.610 164.790 Antenna:2 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north 0 45 9 1 i5 y 180 225 270 315 Antenna Height AAT(meters) 66.800 69.800 77.600 Y E 60U ;;;, 60.000 52.500 59.800 68.000 Transmitting ERP(watts) 14.030 108.880 .164.790 1.690 0.340 0.340 0.340 Antenna:3 Maximum Transmitting ERP in Watts: 140.820 Ly Azimuth(from true north) 0 45 90 180 225 270 315 Antenna Height AAT(meters) 66.800 69,800 77.60U - 600 60,000 52.500 59.800 68.000 Transmitting ERP(watts) 0.460 0.340 0.910 35.230 I�•6' 0, 13 .070 26,120 0.340 Location Latitude Longitude Ground Elevation S re Hgt(6 TJP Antenna Structure (meters) ( rs) Registration No. 34 44-54-08.9 N 092-51-55.6 W 320.3 Address: If 380 Lake Rd. City:Woodbury County:WASHINGTON State: MN Construction Deadline: 06 11 2010%,,: Antenna:1 Maximum Transmitting ERP in Watts: 140,820 Azhnuth(from hue north) 0 45 90 135 180 2�5 270zi 315 Antenna Height AAT(meters) 64.800 i 01.600 71.600 73.600 61.300 83 4t� i Q' 45.000 Transmitting ERP(watts) 85.690 25.880 0.360 0.1.90 0.240 4 1 t}U 1 L OF 69.650 FCC 601-C Page 13 of 16 March 2018 Licensee Name: VERIZON WIRELESS(VAW)LLC /E% Call Sign:KNKA File Number: Print Date: do P^'� Gi Location "t) Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 34 44-54-08 N 092-51-55.6 W 320.3 42.1 Address: 11380 :;aka IZd. City:Woodbury C €t HINGTON State:MN Construction Deadline:06-12-2010 FV Antenna:2 . Maximum Transmitting1�1'an'�i dtts 1Q;y20 Azimuth(from true north 0 45 90 135 180 225 270 315 Antenna Height AAT(mete 64.800 101.600 71,600 73,600 61.300 83.400 73.100 45.000 Transmitting ERP(watts) j' 1 23.410 63.000 51.800 10.080 0.190 0.190 0.190 Antenna:3 , Maximum Transmitting ERP in Azimuth(from true north 45 90 135 180 225 270 315 AT Antenna Height A (meters 0 01 Transmitting .600 71.600 73.600 61.300 83.400 73.100 45.000 watts `ram ERP(watts) OJ Q� :. 1.90 0.190 4.200 46.020 93.950 44.970 2.650 Location Latitude Longit �w"� Ground Elevation Structure Hgt to Tip Antenna Structure �° peters,. ) (meters) Registration No. 36 45-05-03.0 N 094-11-19.4 3.4 39.0 Address: 357 Broadway Avenue North ►x V ° City:Cokato County: WRIGHT State: iihs on Deadline: 06-19-2010 Antenna:1 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45r 0 135 180 225 270 315 Antenna Height AAT(meters) 47.800 50.30 1 5 Y 400 39.900 40.100 36.200 46.40Q Antenna:2 Transmitting ERP(watts) 168.270 260.620 -0 00 1.280 0.600 3.360 18.450 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north 0 45 9 a� 1,35 180 225 270 315 Antenna Height AAT(meters 47.800 50.300 51.100 % 50 4()t) ? 39.900 40.100 36.200 46.400 Transmittin ERP watts Antenna:3 g 3.260 17.910 163.310 s2 9.3{) 38.2$0 6.500 1.240 0.580 Maximum Transmitting ERP in Watts: 140.820 / Azimuth(from true north) 0 45 90 �, 180 225 270 315 Antenna Height AAT(meters) 47.800 50.300 51.100 50.400 39.900 40.100 36.200 46.400 Transmitting ERP(watts) 1.870 0.190 0.140 0.480 3 3.430 17.100 7.530 Location Latitude Longitude Ground Elevation St re Hgt tv dip Antenna Structure (meters) ( rs) Registration No. 37 /-.. 44-48-39.0 N 093-19-35.3 W 253.6 19 Address: (Franco site)3515 West Old Shakopee Rd City:Bloomington County:HENNEPIN State: MN Construction Deadline: 02 03 ZU12 s Antenna:1 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from tnie north 0 45 90 135 180 225 70 315 Antenna Height AAT(meters) 6.600 21.200 20.000 -10.000 -9.900 S � (� ',,' 16.SQ0 -2.300 Transmitting ERP(watts) 161.060 64.120 4.980 0.560 0.560 4.�R(? 64,120 FCC 601-C Page 14 of 16 March 2018 Licensee Name: VLKIZON WIIZEsLI-:SS (VAW)LLC Call Sign: KNKA2]9 „ File Number: Print Date: Location tle Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 37 4448-390 y 093-19-35.3 W 253.6 19.8 Address:(Fran i )3 hest Old Shakopee Rd City:Blooming. > 'ENNEPIN State:MN Construction Deadline:02-03-2012 NS Antenna:2 kill, � �N IQ. Maximum Transmitting - I W 0 Azimuth(from true north 0 45 90 135 180 225 270 315 Antenna Height AAT(mete 6.600 21.200 20.000 -10.000 -9.900 5.900 46.500 -2.300 Transmitting ERP(watts) Antenna:) p 12500 106.410 143.550 32.140 1.400 00.560 0.560 f ,�� Maximum Transmitting ERP in 0. Azimuth(from true northyg. 45 90 135 180 225 270 315 Antenna Height AAT(meters " e1I 1.200 20.000 -10.000 -9.900 5.900 46.500 -2.300 Transmitting ERP(watts) 0.7 Q,;560 0.560 3.210 53.330 255.270 184.930 22.750 Location Latitude Longit Ground Elevation Structure Hgt to Tip Antenna Structure 1 .� eters} (meters) Registration No. 38 45-28-16.1 N 092-58-43 1 a7.1 102.4 1063919 Address:(South Branch site)6350 3691'H S "F-I City:NORTH BRANCH County:CHISA(AU$tate-J& Construction Deadline: 02-03-2012 miry Antenna:1 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north 0 45 r �- 135 180 225 270 315 {€{ Antenna Height AAT(meters) 84.100 10550 g .000 89.400 84.200 79.800 76.100 I Transmitting ERP(watts) 245.820 59.070 00 0.600 1.110 7.760 85.380 Antenna:2 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north 0 45 9 _ 180 225 270 315 Antenna Height AAT(meters) 84.100 105.500 82.200 1 189.400 84.200 79.800 76.100 Transmitting ERP(watts) 7.580 65.170 169.420 7 24.310 2.090 0.380 0.380 Antenna:3 Maximum Transmitting ERP in Watts: 1.40.820 Azimuth(from true north 0 45 90 180 225 270 315 Antenna Height AAT(meters) 84.100 105.500 82.200 89.000 89.400 84.200 79.800 76.100 Transmitting ERP(watts) 0.600 0.600 1.800 19.940 I. * 15.530 28.160 2.200 Location Latitude Longitude Ground Elevation St re Hgt t, 'p Antenna Structure (meters) ( rs) N. Registration No. 39 45-15-23.4 N 092-51-19.8 W 293.2 60 " ;• Address: (Scandia) 12270 Scandia Trail North City:New Scandia, County:WASHINGTON State:MN Construction Deadline ,Q7':12-20i2, Antenna:1 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north 0 45 90 135 180 225 270, 315 Antenna Height AAT(meters) 72.400 70.000 47.800 89.100 59.100 64 71�166 4;7(lU 75.100 Transmitting ERP(watts) 186.210 38.020 1.320 0.480 0.480 ( (F',), 20.�P 144.540 FCC 601-C Page 15 of 16 March 2018 Licensee Name: VERIZON WIRELESS(VAW)LLC Call Sign: KNKA2lA File Number: Print Date: Location Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 39 45-15- 092-51-19.8 W 293.2 60.6 Address:{Scan L"271 Scandia Trail North i City:New Scan d uttty:',�'. SHINGI'ON State:MN Construction Deadline:07-12-2012 sue, <zd Antenna:2 in '`' �o., Maximum Transmitting W►lfis 10", -20 Azimuth(from true north 0 45 90 135 180 225 270 315 Antenna Height AAT(meter y, 72.400 70.000 47.800 89.100 59.100 64.700 74.700 75.100 Transmitting ERP(watts) #18Q Antenna:3 52.480 218.780 162.180 19.050 0.660 0.560 0.560 Maximum Transmitting ERP in 44'1 140�t Azimuth(from true north % p 45 90 135 180 225 270 315 Antenna Height AAT(meters) a � 72 400 .# 70.ppp 47.800 89.100 59.100 64.700 74.700 75.100 Transmitting ERP(watts) - '0 5b0 0.560 0.560 7.940 104.71.0 239.880 100.000 6.760 Location Latitude Longitii#e Ground Elevation Structure Hgt to Tip Antenna Structure fneters) (meters) Registration No, 40 44-36-02.8 N 093-48-48.1 r, `xQ5.3 58.6 Address: (NINMI_Belle Plaine site) 14500 B Nly t a f f City: Belle Plaine County: SCOTT State: �, rq ction Deadline: 04-l 1-2014 WVM . . Antenna: 1 Maximum'Transmitting ERP in Watts: 140,820 Azimuth(from true north 0 45 .�135 180 225 270 315 Antenna Height AAT(meters) 75.000 121.60 ,i.400 64.500 86.300 77.800 70.300 Transmitting ERP(watts) 0.620 0.620 ° 10 62.230 242.100 159.960 14.590 Antenna:2 Maximum Transmitting ERP in Watts: 140.820 Azimuth(from true north) 0 45 9 180 225 270 315 Antenna height AAT(meters) 52.200 98.700 42.000 41.600 63.400 55.000 47.500 Transmitting ERP(watts) 346.740 91.200 3.850 10 0.810 0.810 4.030 100.000 Antenna:3 q Maximum Transmitting ERP In Watts: 140.820 Azimuth from true north ( 0 45 90 180 225 270 315 Antenna Height AAT(meters) 52.200 98.700 42.000 33.500 41.600 63.400 55.000 47500 Transmitting ERP(watts) 0.810 13.960 197.240 291.740 342$(i 1.160 0.810 0.810 Control Points: Control Pt.No.2 Address:500 West Dove Road City:Soutblake County: TARRANT State:TX Telephone Number: (800)2m 62(j Waivers/Conditions: License renewal granted on a conditional basis,subject to the outcome of FCC proceeding W'T, 0-112(see FCC 10-86,paras. 113 and 126). f FCC 601-C Page 16 of 16 March 2018 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2018-083 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 11351 UPPER 33RD STREET NORTH WHEREAS,the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS,Verizon Wireless, 10801 Bush Lake Road, Bloomington MN 55438 (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for a Conditional Use Permit for a wireless communications facility the property located at 11530 Upper 33rd Street North (PID# 13.029.21.31.0018) (the "Property"); and WHEREAS,the Applicant also submitted an application to the City for variances for nine feet from the maximum height allowed for wireless communications to allow a wireless communications facility 134 feet in height; a variance of 88.5 feet from the minimum setback from the eastern property line to allow a setback of 45.5 feet from the easterly property line; and a variance from the one-year expiration date requirement of the conditional use permit and variance requests; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102; and WHEREAS,the Lake Elmo Planning Commission held a public hearing on said matter on July 9, 2018; and WHEREAS,the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated July 9, 2018, and WHEREAS,the City Council considered said matter at its July 17, 2018 meeting; and NOW, THEREFORE,based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Conditional Use Permit are found in the Lake Elmo Zoning Ordinance, Section 154.106. 2) That all the submission requirements of said Section 154.106 have been met by the Applicant. Resolution 2018-083 1 509020v1 sJs LA515-1 3) That the proposed Conditional Use Permit includes the following components: a) A Conditional Use Permit for a wireless communications facility for the property located at 11351 Upper 33rd Street North. 4) That the Conditional Use Permit for a school district transportation center will be for the Property legally described as follows: ALL OF THE FOLLOWING DESCRIBED TRACT WHICH LIES SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY OF SAID ST. P. S. &T. F. RY., (NOW OWNED AND OPERATED BY THE UNION PACIFIC RAILROAD): THAT PART OF THE WEST HALF OF SECTION THIRTEEN (13),TOWNSHIP TWENTY-NINE (29) NORTH OF RANGE TWENTY-ONE (21), LYING WITHIN THE FOLLOWING BOUNDARIES,TO-WIT: BEGINNING AT THE QUARTER POST IN THE CENTER OF THE SOUTH LINE OF SAID SECTION; THENCE RUNNING NORTH ALONG THE CENTER LINE OF SAID SECTION TO A POINT IN THE CENTER OF THE SAINT PAUL& STILLWATER ROAD; THENCE SOUTHWESTERLY ALONG THE CENTER OF SAID ROAD TO A POINT FORTY FOUR(44) RODS WEST OF THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF SAID SECTION TO A POINT IN THE SOUTH LINE THEREOF FORTY-FOUR(44) RODS WEST OF THE CENTER POST IN SAID LINE; THENCE EAST FORTY- FOUR(44) RODS TO THE PLACE OF BEGINNING, EXCEPTING, HOWEVER,A STRIP OF LAND ONE HUNDRED (100) FEET IN WIDTH, BEING FORTY-FOUR(44) FEET ON THE NORTH SIDE AND FIFTY-SIX (56) FEET ON THE SOUTH SIDE OF CENTERLINE OF ST. P. S. &T. F. RY. TRACK AS CONSTRUCTED OVER AND ACROSS EAST FORTY-FOUR(44) RODS OF WEST ONE-HALF(W1/2),AND ALSO EXCEPTING THEREFROM THE EAST 726 FEET OF THE SOUTH 1800 FEET OF THE SOUTHWEST QUARTER(SW1/4)OF SECTION 13,TOWNSHIP 29 NORTH, RANGE 21 WEST, WASHINGTON COUNTY, MINNESOTA,ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, SUBJECT TO THE RIGHT OF WAY OF MINNESOTA TRUNK HIGHWAY NO. 5 (ALSO KNOWN AS STILLWATER BOULEVARD NORTH),AND IS ALSO SUBJECT TO A 20 FOOT ROAD EASEMENT RECORDED BY DOCUMENT NUMBER 328273 IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA,AND IS ALSO SUBJECT TO A NORTHERN STATES POWER EASEMENT RECORDED IN BOOK 136 OF DEEDS, PAGE 297, IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY MINNESOTA SECTION 13 TOWNSHIP 029 RANGE 021 5) The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The tower has been engineered to withstand high winds and has a fall zone that will not cause it to fall on an adjacent property. 6) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The property is guided for and zoned for public facilities, in which wireless communication facilities are an allowed use, and certain wireless communication facilities require a conditional use permit. 7) The use or development is compatible with the existing neighborhood. The wireless communication facility will be screened with existing trees. 8) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposed use meets almost all requirements of the City's Wireless Communications Facilities ordinance except for the required height and setback from property lines,for which the applicant has requested variances. 9) If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The proposed use is not in a flood plain management or shoreland area. Resolution 2018-083 2 509020v1 SJS LA515-1 10)The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed tower will be heavily screened by existing trees and will not change the essential character of the neighborhood. 11)The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring uses. The proposed use will be setback further from the property line than the fall zone and so will not be hazardous.It will be well screened and fenced so as to not create a nuisance, and climbing will be discouraged. 12)The proposed use will be served adequately by essential public facilities and services, including streets,police and fire protection, drainage structures,refuse disposal,water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The proposed use has adequate access, and the Fire Department has reviewed the application and does not see an issue, as access can be achieved if need be through the fence. 13)The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The City will enter in to a lease agreement for which it will receive a negotiated amount. 14)The proposed use will not involve uses, activities,processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare because of excessive production of traffic,noise, smoke, fumes, glare or odors. The proposed use will not create excessive production of traffic, noise, smoke,fumes,glare or odors. 15)Vehicular approaches to the property,where present,will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. There is an existing access road that will be utilized until such time the cul-de-sac providing connection from Easton Village is constructed. 16)The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. The proposed use will not result in in any destruction, loss or damage or a natural or scenic feature of major importance. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby approves the request by Verizon for a Conditional Use Permit for a wireless communications facility with the following conditions of approval: 1) The applicant shall enter into a wireless communications tower agreement that addresses all items listed in Section 150.121 of the Lake Elmo City Code addressing wireless communications facilities with the City prior to the issuance of a building permit for the proposed facility. 2) The applicant must submit proof of liability and worker's compensation insurance. 3) Monopole shall be constructed of, or treated with, corrosive resistant material. Resolution 2018-083 3 509020v1 sJs LA515-1 4) An agreement providing for co-location and 6-month removal of unused and/or obsolete towers shall be attached and become part of the permit. 5) The addition of antennas and associated equipment of an additional provider to an existing permitted tower shall be considered co-location and shall require a zoning permit and site plan approval. An amendment to a conditional use permit shall typically not be required. 6) All towers shall be reasonably protected against unauthorized climbing. The area around the base of the tower and guy wire anchors shall be enclosed by a fence with a minimum height of 6 feet with a locked gate. 7) All obsolete or unused towers and accompanying facilities shall be removed within 6 months of the cessation of operations at the site unless a time extension is approved by the City. After the facilities are removed,the site shall be restored to its original or an improved state which includes removal of all concrete to 6 feet below normal grade and surrounding area returned to normal grading. Electronic equipment shall not be removed in advance of removal of obsolete or unused towers. To ensure compliance,the applicant must submit a performance bond or letter of credit in an amount sufficient to cover all removal costs as determined by the city prior to the issuance of a building permit for the facility. Failure to remove the structure shall be cause for the city to remove the tower and associated equipment and assess the cost against the required bonding or letter of credit instrument. 8) The city shall conduct a final inspection of the site to ensure that all requirements of the City Code and all conditions of approval attached as part of the wireless communications permit are met prior to the start of operation of the facility. 9) For installations of a facility in an area that could potentially be accessed by the public (including rooftop installations or other locations that would be considered public versus occupational) a radio frequency hazard analysis and a yearly report must be submitted before December 31 of each year showing the results of on-site measurements at the site. A registered professional engineer hired by the provider must sign these measurements and report. At a minimum,the report must document any changes to the site over the course of the previous year. 10)All lighting associated with the facility shall comply with the City's lighting ordinance. The wireless communications tower shall not be illuminated by artificial means, as it is not required by the Federal Aviation Administration. 11)The area around the base of the tower and guy wire anchors shall be enclosed by a fence with a minimum height of six feet with a locked gate. 12)Building permits shall be applied for and issued before any construction is started. 13)The applicant shall be compliant with all other minimum conditions outlined in Section 150.123 of the Lake Elmo City Code addressing wireless communications facilities. 14)The applicant shall enter in to a lease agreement approved by Council for both this site and the water tower site at the corner of Ideal Avenue North and 34th Street North. Resolution 2018-083 4 509020v1 sJs LA515-1 15)The applicant shall design the accessory equipment building to accommodate any additional equipment that may be needed by additional carriers on the tower. Passed and duly adopted this 17th day of July 2018 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk Resolution 2018-083 5 509020v1 sJs LA515-1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2018-084 A RESOL UTION APPR 0 VING VARIANCES FROM THE REQUIRED HEIGHT AND SETBACK FOR A WIRELESS COMMUNICATIONS FACILITY FOR THE PROPERTY LOCATED AT 11351 UPPER 33RD STREET NORTH AND FROM THE EXPIRATION DATE REQ UIREMENTS FOR THE CONDITIONAL USE PERMIT AND VARIANCE WHEREAS,the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS,Verizon Wireless, 10801 Bush Lake Road, Bloomington MN 55438 ("Applicant"), has submitted an application to the City of Lake Elmo (the"City") for a variance to allow construction of a wireless communications facility that does not meet the required maximum height and minimum setback standards required for wireless communications facilities as well as a variance from the one year expiration requirement for a conditional use permit and variance. WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109; and WHEREAS,the Lake Elmo Planning Commission held a public hearing on said matter on July 9, 2018; and WHEREAS,the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated July 9, 2018; and WHEREAS,the City Council considered said matter at its July 17, 2018 meeting. NOW, THEREFORE,based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.109. 2) That all the submission requirements of said Section 154.109 have been met by the Applicant. 3) That the proposed variance includes the following components: Resolution 2018-084 1 a) A 9-foot variance from the maximum height requirement for wireless communication facilities, which require that the maximum height of wireless communications facilities within the PF—Public and Quasi-Public Open Space districts is 125 feet, to allow a 125-foot wireless communications facility with a 9- foot lightning rod. b) An 88.5-foot variance from the minimum setback requirement for wireless communications facility, which requires that wireless communications facilities be setback a distance from the property line equal to the height of the tower, to allow a 45.5-foot setback for a wireless communications tower from the easterly property line. c) Variances from the requirements that a variance shall expire if work does not commence within twelve months of the date of granting such variance and that a conditional use permit is void if substantial construction has not taken place within twelve months of the date on which the conditional use permit was granted. 4) That the Variance will be located on property legally described as follows: ALL OF THE FOLLOWING DESCRIBED TRACT WHICH LIES SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY OF SAID ST.P. S. &T.F.RY.,(NOW OWNED AND OPERATED BY THE UNION PACIFIC RAILROAD): THAT PART OF THE WEST HALF OF SECTION THIRTEEN (13),TOWNSHIP TWENTY-NINE(29)NORTH OF RANGE TWENTY-ONE(21),LYING WITHIN THE FOLLOWING BOUNDARIES,TO-WIT:BEGINNING AT THE QUARTER POST IN THE CENTER OF THE SOUTH LINE OF SAID SECTION;THENCE RUNNING NORTH ALONG THE CENTER LINE OF SAID SECTION TO A POINT IN THE CENTER OF THE SAINT PAUL& STILLWATER ROAD;THENCE SOUTHWESTERLY ALONG THE CENTER OF SAID ROAD TO A POINT FORTY FOUR(44)RODS WEST OF THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION;THENCE SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF SAID SECTION TO A POINT IN THE SOUTH LINE THEREOF FORTY-FOUR(44)RODS WEST OF THE CENTER POST IN SAID LINE;THENCE EAST FORTY-FOUR(44)RODS TO THE PLACE OF BEGINNING,EXCEPTING,HOWEVER,A STRIP OF LAND ONE HUNDRED(100)FEET IN WIDTH,BEING FORTY-FOUR(44)FEET ON THE NORTH SIDE AND FIFTY-SIX(56)FEET ON THE SOUTH SIDE OF CENTERLINE OF ST.P. S.&T.F.RY. TRACK AS CONSTRUCTED OVER AND ACROSS EAST FORTY-FOUR(44)RODS OF WEST ONE-HALF(W1/2),AND ALSO EXCEPTING THEREFROM THE EAST 726 FEET OF THE SOUTH 1800 FEET OF THE SOUTHWEST QUARTER(SW1/4)OF SECTION 13,TOWNSHIP 29 NORTH,RANGE 21 WEST, WASHINGTON COUNTY,MINNESOTA,ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, SUBJECT TO THE RIGHT OF WAY OF MINNESOTA TRUNK HIGHWAY NO. 5(ALSO KNOWN AS STILLWATER BOULEVARD NORTH),AND IS ALSO SUBJECT TO A 20 FOOT ROAD EASEMENT RECORDED BY DOCUMENT NUMBER 328273 IN THE OFFICE OF THE COUNTY RECORDER,WASHINGTON COUNTY,MINNESOTA,AND IS ALSO SUBJECT TO A NORTHERN STATES POWER EASEMENT RECORDED IN BOOK 136 OF DEEDS,PAGE 297,IN THE OFFICE OF THE COUNTY RECORDER,WASHINGTON COUNTY MINNESOTA SECTION 13 TOWNSHIP 029 RANGE 021 5) That strict enforcement of the requirements from which the variance was requested would cause practical difficulties, and that the property owner proposes to use the property in a reasonable manner, as a majority of the site is used by the City for stormwater ponding and is heavily wooded, and so this is the only site on the parcel that would be suitable to construct the monopole. The applicant has reviewed a number of alternatives to the site and found this to be the most suitable. Lowering the tower height to accommodate the lightning pole and Resolution 2018-084 2 still be at the required height would decrease the tower's effectiveness. Further, the applicant has explained that the process of procuring contractors, ordering parts, and short construction seasons would result in the commencement of construction within one year of granting the variance to be very difficult. 6) That the plight of the landowner is due to circumstances unique to the property not created by the landowner, as the parcel is unique in that most of it is being used for stormwater ponding for the downtown area. The property became a stormwater pond prior to it being considered a location for a monopole. Lowering the height of the tower would decrease its effectiveness, and the lightning rod is needed for safety reasons. 7) That the proposed variance will not alter the essential character of the locality in which the property in question is located, as the monopole will be well screened from the public right- of-way and adjacent properties. The additional height of the lightning rod will not be visible against the sky. 8) That the proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood, as the proposed monopole will have no effect the supply of air and light, increase congestion or impair property values within the neighborhood. A majority of the base of the tower will be screened in a heavily wooded area, and the applicant has shown that the fall zone is shorter than the requested reduced setback. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant's application for a Variance is granted. Passed and duly adopted this 17t1i day of July 2018 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk Resolution 2018-084 3 THE CITY OF LAKE ELMO STAFF REPORT DATE: July 17,2018 REGULAR #23 AGENDA ITEM: Verizon Cell Leases SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: In 2015, Verizon approached the city about placing cell phone equipment at the water tower site at public works and a location in the Old Village area. Initially, VFW or Lions field were considered as sites but given the uncertainty at the time about the future development/improvements to those areas, staff began exploring the infiltration basin site just south of the tracks. Verizon has submitted for an administrative permit for the water tower location and a variance and conditional use permit (CUP) for the infiltration basin site (previous agenda item). If the Council approves the CUP and variance, one of the conditions is a lease agreement. Staff had further conversations with Verizon representatives about the water tower site over the last couple years as well. After further review, it was determined that the cell equipment could go inside the water tower rather than outside next to the tower. This was important in order to ensure enough space for future maintenance of the water tower (painting, cleaning, etc) and maneuverability around the public works yard. ISSUE BEFORE COUNCIL: Should the Council approve the Verizon lease for the Water Tower site? Should Council approve the Verizon lease for the monopole at the infiltration basin? PROPOSAL: Staff has been working with Bob Vose from Kennedy and Graven to negotiate the terms of the two leases. The lease is a five year lease with four automatic five year renewals unless the City gives Verizon written notice to terminate at least six months prior to expiration of the term. The annual rent begins at$34,800 and increases by 2% annually. The land lease agreement for the monopole at the infiltration basin is also for five years with four automatic five year renewals. The annual rent is $19,800 with a 2% annual increase. FISCAL IMPACT: Over the terms of the lease the city would receive $1,748,854.36 in revenue. Cell tower revenue is currently used to fund operations in the general fund. OPTIONS: 1) Approve the Water Tower and Land Lease agreements with Verizon Wireless 2) Amend and then Approve the Water Tower and Land Lease agreements with Verizon Wireless 3) Do not approve the Water Tower and Land Lease agreements with Verizon Wireless RECOMMENDATION: Motion to approve the Water Tower Lease Agreement with Verizon Wireless. AND Motion to approve the Land Lease Agreement with Verizon Wireless. ATTACHMENTS: • Water Tower Lease Agreement • Land Lease Agreement SITE NAME:MIN Balrog SITE NUMBER: WATER TOWER LEASE AGREEMENT This Water Tower Lease Agreement (the "Agreement") made this day of , 20_, between the City of Lake Elmo, Minnesota, with its principal offices at Attention: Finance Director, 3800 Laverne Avenue North, Lake Elmo, Minnesota 55042, hereinafter designated LESSOR, and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless with its principal offices at One Verizon-Way, Mail Stop 4AW100, Basking Ridge, New Jetsey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". WITNESSETH i In consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: 1. PREMISES. LESSOR hereby leases to the LESSEE a portion of that certain space ("Tower Space") on and within the LESSOR's water tower (the "Tower"), located at 3445 Ideal Avenue North, Lalce Elmo, Washington County, Minnesota, Tax Parcel ID No. 16.029.21.32.0001, and being further described in Deed Document No. 1163065, Certificate No. 61998, as recorded in the Office of the Registrar of Title, Washington County, Minnesota, and which is described on Exhibit A, attached hereto and made a part hereof, along with the existing driveway area described on Exhibit A(together, the "Property"), together with the non-exclusive right (the "Right of Way") for ingress and egress, 7 'days a week, 24 hours a day, on foot or motor vehicle, including trucks over the Property; and together with a further.right of way (the "Further Rights of Way") through the Property for the installation and maintenance of buried utility wires, cables, conduits, and pipes, all as described in Exhibit "C", attached hereto and made a part hereof. The Tower Space is as described on Exhibit "B", attached hereto and made a part hereof. The Tower Space, Right of Way and Further Right of Way are collectively referred to hereinafter as the "Premises." LESSEE agrees that if its equipment produces noticeable noise levels that exceed noise regulations per the local ordinances and/or state laws, LESSEE will, at its own expense, install a noise buffer or take such other measures necessary to insure compliance with such regulations. LESSOR hereby grants permission to LESSEE to install, maintain and operate the communications equipment, antennas and appurtenances described in Exhibit "B" attached hereto. Provided the Tower can structurally support the modified equipment, upon notice to LESSOR, LESSEE shall have the right to 'replace, repair, or modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto. LESSOR must consent to any addition of equipment to the Tower. LESSEE shall notify LESSOR in writing of any request to add additional equipment to the Tower. LESSEE shall submit to LESSOR the plans for any such additions, and the approval for additional equipment shall not be unreasonably withheld, conditioned or delayed. In the event the LESSOR does not either (i) object to the plans in writing or (ii) furnish the LESSEE with MIN Balrog-Water Tower Lease 3454848v2 CORE10762186.2728/114101482.1 written approval, within thirty (30) days of the date of submission of the plans,the LESSOR will be deemed to have approved them. 2. SURVEY. LESSEE has surveyed the access and utility rights-of--way, which is attached as Exhibit "C". Cost for such work shall be borne by the LESSEE. 3. TERM; RENT; ELECTRICAL. (a) . This Agreement shall be effective as of the date of execution by both Parties,provided,however, the initial term shall be for five years and shall commence on the date defined below at which time rental payments shall commence and be due. The initial annual rent of$34,800.00 shall be paid in equal monthly installments on the first day of the month, in advance, to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least 45 days in advance of any rent payment date by notice given in accordance with Paragraph 24 below. The initial term shall commence based upon the date LESSEE commences any improvements on the Property, or on the first day of July 2018, whichever occurs first. In the event the date of commencing improvements is determinative and such date falls between the 1st and 15th of the month, the initial term shall commence on the 1st of that month and if such date falls between the 161h and 31" of the month, then the initial term shall commence on the 1st day of the following month (either of the foregoing or July 1, 2018, if applicable, being the "Commencement Date"). LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date in the event the Commencement Date 'is based upon the date LESSEE commences' improvements. In the event the Commencement Date is the fixed date set forth above, there shall be no written acknowledgement required. LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until sixty (60) days after the Commencement Date or after a written acknowledgement confirming the Commencement Date, if such an acknowledgement is required Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. (b) For any party to whom rental payments are to be made, LESSOR or any successor in interest of LESSOR hereby agrees to provide to LESSEE (i) a completed, current version of Internal Revenue Service Form W-9, or equivalent; (ii) complete and fully executed state and local withholding forms if required; and(iii)other documentation to verify LESSOR's or such other party's right to receive rental as is reasonably requested by LESSEE. - Rental shall accrue in-accordance with this Agreement, but LESSEE shall have no obligation to deliver rental payments until the requested documentation has been received by LESSEE. Upon receipt of the requested documentation, LESSEE shall deliver the accrued rental payments as directed by LESSOR. 2 M1NC Balrog-Water Tower Lease (4/24/14) CORWO762186.2728/114101482.1 (c) LESSOR shall, at all times during the Term, provide electrical service and telephone service access points within the Premises. If permitted by the local utility company servicing the Premises, LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE's installation. In the alternative, if permitted by the local utility company servicing the Premises, LESSEE shall furnish and install an electrical sub-meter at the Premises for the measurement of electrical power used by LESSEE's installation. In the event such sub-meter is installed, the LESSEE shall pay the utility directly for its power consumption, if billed by the utility, and if not billed by the utility, then the LESSEE shall pay the LESSOR 30 days after receipt of an invoice from LESSOR indicating the usage amount based upon LESSOR's reading of the sub-meter. All invoices for power consumption shall be sent by LESSOR to LESSEE at M/S 3846, P.O. Box 2375, Spokane, Washington 99210-2375, or sent by electronic delivery by email to livebillsaecova.com, or such other physical or email address as directed by LESSEE in writing. LESSEE shall be permitted at any time,. during the Term, to install, maintain and/or provide access to and use of, as necessary (during any power interruption at the Premises), a temporary power source, and all related equipment and appurtenances within the Premises, or elsewhere on the Property in such locations as reasonably approved by LESSOR. LESSEE shall have the right to ' install conduits connecting the temporary power source and related appurtenances to the Premises. i 4. EXTENSIONS. This Agreement shall automatically be extended for four additional.five year terms unless LE SEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six months prior to the end of the then current term. I 5. RENT INCREASES. The annual rental shall be increased by two percent (2%) I each year on the anniversary of the Commencement Date. 6. TAXES. LESSEE shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the result of LESSEE's use of the Premises and/or the installation,maintenance, and operation of the LESSEE's improvements, and any sales tax imposed on the rent (except to the extent that LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the Property is located), including any increase in real estate taxes at the Property which LESSOR demonstrates arises from the LESSEE's improvements and/or LESSEE's use of the Premises. LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies, assessments and other charges imposed including franchise and similar taxes imposed upon the business conducted by LESSOR or LESSEE at the Property. Notwithstanding the foregoing, LESSEE 'shall not have the obligation to pay any tax, assessment, or charge that LESSEE is disputing in good faith in appropriate proceedings prior to a final determination that such tax is properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall be construed as making LESSEE liable for any portion of LESSOR's income taxes in connection with any Property or otherwise. Except as set forth in this Paragraph, LESSOR shall have the 3 MINC Balrog-Water Tower Lease (4/24/14) CORE/0762186.272 8/114101482.1 responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property and shall do so prior to the imposition of any lien on the Property. LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence;including but not limited to, executing any consent, appeal or other similar document. In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or repayment received by the LESSOR for any taxes previously paid by LESSEE,_ LESSOR agrees to promptly reimburse to LESSEE the amount of said. reduction, credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such dispute at LESSEE's sole cost and expense upon written request of LESSEE. 7. USE, GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. All improvements, equipment, antennas and conduits shall be at LESSEE's expense. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests and structural analysis which will permit LESSEE's use of the Premises as set forth above. LESSOR shall . cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that(i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or tern-linated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any soil boring tests or structural analysis is unsatisfactory; (v) LESSEE determines that the Premises is no longer technically or structurally compatible for its use, or(vi) LESSEE, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rent paid to said termination date shall be retained by LESSOR. Upon such termination,this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR. 8. INDEMNIFICATION. Subject to Paragraph 9 below, each Party shall. indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or 4 MINC Dalrog-Water Tower Lease (4/24/14) COIZE/07G218G.2728/114101482.I damages may be due to or caused by the negligence or willful rnisconduct of the other Party, or its employees, contractors or agents. 9. INSURANCE. a. Notwithstanding the indemnity in Paragraph 8,the Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims , under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. b. LESSEE will maintain at its own cost; i. Commercial General Liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. f ii. Commercial Auto Liability insurance on all owned, non-owned and s hired automobiles with a combined single limit of one million j ($1,000,000) each accident for bodily injury and property damage. iii. Workers Compensation insurance providing the statutory benefits and Employers Liability with a limit of $1,000,000 each accident/disease/policy limit. LESSEE will include the LESSOR as an additional insured as their interest may appear under this Agreement on the Commercial General Liability and Auto Liability policies. c. LESSOR will maintain at its own cost commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and$500,000 for damage or destruction to property in any one occurrence. LESSOR will include the LESSEE as an additional insured as their interest may appear under this Agreement. 10. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 8 and 30, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort(including negligence), strict liability or otherwise. 5 MCNC Balrog-Water Tower Lease (4124114) CORG/0762186.2728/114101482.1 It. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three months prior notice is given to LESSOR and upon payment of an early termination fee equal to six months rent. 12. ACCESS TO TOWER. LESSOR agrees the LESSEE shall have free access to the Tower at all times for the purpose of installing and maintaining the said equipment. LESSOR shall furnish LESSEE with necessary means of access for the purpose of ingress and egress to this site and Tower location. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of LESSEE or. persons under their direct supervision will be permitted to enter said Premises. 13. TOWER COMPLIANCE. LESSOR covenants that it will keep the Tower in good repair as required by all Laws (as defined in Paragraph 36 below). The LESSOR shall also comply with all rules and regulations enforced by the Federal Communications Commission with regard to the lighting, marking and painting of towers. If the LESSOR fails to make such repairs including maintenance, the LESSEE may make the repairs and the costs thereof shall be payable to the LESSEE by the LESSOR on demand. If the LESSOR does not make payment to the LESSEE within ten days after such demand, the LESSEE shall have the right to deduct the costs of the repairs from the succeeding monthly rental amounts normally due from the LESSEE to the LESSOR. No materials or construction methods may be used in the installation of the antennas or transmission lines that will cause corrosion or must or deterioration of the Tower or its appurtenances. All antenna(s) on the Tower must be identified by a marking fastened securely to its bracket on the Tower and all transmission lines are to be tagged at the conduit opening where it enters LESSEE's equipment space. Not later than 15 days following the execution of this Agreement, LESSOR shall supply to LESSEE copies of all structural analysis reports that have been done with respect to the Tower and throughout the Term, LESSOR shall, upon request, supply to LESSEE copies of all structural analysis reports that are done with respect to the Tower promptly after the completion of the same. Upon request of the LESSOR, LESSEE agrees to relocate its equipment on a temporary basis to another location on the Property, hereinafter referred to as the "Temporary Relocation," for the purpose of LESSOR perforrning maintenance, repair or similarmork at the Property or on the Tower provided: (a) The Temporary Relocation is similar to LESSEE's existing location in size and is compatible for LESSEE's use, in LESSEE's reasonable determination; 6 MCNC Balro8-Water Tower Lease (4/24/14) COR00762186.2728/114101482.1 (b) LESSOR gives LESSEE at least 90 days written notice prior to requiring LESSEE to relocate; (c) LESSEE's use at the Premises is not interrupted or diminished during the relocation and LESSEE is allowed, if necessary, in LESSEE's reasonable determination, to place a temporary installation on the Property during any such relocation; and (d) Upon the completion of any maintenance, repair or similar work by LESSOR, LESSEE is permitted to return to its original location from the Temporary Relocation with all costs for the relocation of LESSEE's equipment being paid by LESSEE. 14. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after-installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation,injunctive relief and specific performance. 15. REMOVAL AT END OF TERM. LESSEE shall,upon expiration of the Term, or within 90 days after any earlier termination of the Agreement,remove its building(s), antenna(s), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted provided, however, that any damages to the Tower caused by such removal shall be repaired by LESSEE under LESSOR's direction. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws. If such time for removal causes LESSEE to remain .on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. 7 MINC Balrog-Water Tower Lease (4/24114) CORE/0762186.2728/114101482.1 I i 16. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 15 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 15 or this Paragraph 16, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 15 shall be equal to the rent applicable during the month immediately preceding such expiration or earlier termination. 17. LIMITED RIGHT'OF FIRST REFUSAL. If LESSOR elects, during the Term, to sell, otherwise transfer or grant to a third party by easement or other legal instrument an interest in and to any portion of the Land Space or Tower Space, for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the easement or interest to such third person in accordance with the terms and conditions of such third party offer. 18. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to sell or transfer all or any part of the Property or the Tower thereon to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Tower and/or Property occupied by LESSEE, or it larger.portion thereof, for the purpose of operating and ]:maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement I and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms 1 of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Tower and/or Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall be released from its obligations to LESSEE under this Agreement to the extent of the obligations assumed by said third party. To the extent LESSOR's obligations are not assumed by said third party, LESSEE shall have the right to look- to LESSOR and the third party for the full performance of such obligations. 19. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy use of the Premises. 20. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and.interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no liens,judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, 8 M1NC 13alrog-Water Tower Lease (4/24/14) COR E/0762186.272 8/114101482.1 easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 21. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the'validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. 22. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of Minnesota in which the Property is located. Each party further agrees that all legal actions or proceedings arising out of or in connection with this Agreement shall be brought exclusively in the courts of the State of Minnesota located in Washington County, or the federal courts of the United States of America located in Minneapolis, Minnesota, and each hereby irrevocably submits to the exclusive jurisdiction to hear and determine such legal actions or.proceedings and waives any objection to the proceedings in such courts on the grounds of venue or forum non-conveniens. 23. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets.in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. 24. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any-other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Lake Elmo, Minnesota Attention: Finance Director 9 MINC Balrog-Water Tower Lease (4/24/14) CORE/0762186.2728/114101482.1 3800 Laverne Avenue North Lake Elmo,Minnesota 55042 LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless Attention: Network Real Estate 180 Washington Valley Road Bedminster,New Jersey 07921 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 25. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative,successors and assigns of the Parties hereto. 26. SUBORDINATION AND NON-DISTURBANCE. LESSOR shall obtain not later than 15 days following the execution of this Agreement, a Nan-Disturbance Agreement, as defined below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property. At LESSOR's option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a "Mortgage") by LESSOR which from time to time may encumber all or part of the Property, Tower or right-of-way; provided,however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any fixture Mortgage covering the Tower or Property, LESSOR shall obtain for LESSEE's benefit a non-disturbance and attornment agreement for LESSEE's benefit in the form reasonably satisfactory to LESSEE, and containing the tennis described below (the "Non-Disturbance Agreement"), and shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The Non-Disturbance Agreement shall include the encumbering party's ("Lender's") agreement that, if Lender or its successor-in-interest or any purchaser of Lender's or its successor's interest (a "Purchaser") acquires an ownership interest in the Tower or Property, Lender or such successor-in-interest or Purchaser will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR's obligations under the Agreement, and(3)promptly cure all of the then-existing LESSOR defaults under the Agreement. Such Non-Disturbance Agreement must be binding on. all of Lender's.participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non-Disturbance Agreement, LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attom to Lender if Lender becomes the owner of the Tower or Property and(3) agrees accept a cure by Lender of any of LESSOR's defaults, provided such cure is completed within' the deadline applicable' to LESSOR. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights,. titles, liens and equities of the holders of such mortgage or other real property interest and 10 MINC Balrog-Water Tower Lease (4/24/14) CORE/076218 6.2728/114101482.1 LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 27. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 28. DEFAULT. (a) In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have 15 days in which to cure any monetary breach and 30 days in which to cure any non-monetary breach, provided LESSEE shall have such extended period as may be required beyond the 30 days if the nature of the cure is such that it reasonably requires more than 30 days and LESSEE commences the cure within the 30 day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSEE fails, within 3 days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSEE if the failure to perform such an obligation: (1) presents a risk of damage or harm to the Tower; or (2) creates an emergency that threatens the public health, safety or welfare; provided, however,.that if the nature of LESSEE's obligation is such that more than 5 days after ` such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such 5 day period and thereafter diligently pursued to completion. (b) In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have 30 days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the 30 days if the nature of the cure is such that it reasonably requires more than 30 days and LESSOR commences the cure within the 30 day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. .Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within 5 days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes with LESSEE's ability to conduct its business on the Property; provided, however, that if the nature of LESSOR's obligation is such that more than 5 days after such notice is reasonably required for its performance, then it I1 MINC Balrog-Water Tower Lease (4/24114) CORE/07b218G.2728/114101482.1 shall not be a default under this Agreement if performance is commenced within such 5 day period and thereafter diligently pursued to completion. 29. REMEDIES. Upon a default, the non-defaulting Party may at its option (but without obligation to do so), perfomn the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default,the non-defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall pay to LESSEE upon demand the full undisputed amount thereof. Notwithstanding the foregoing, if LESSOR does not pay LESSEE the full undisputed amount within 30 days of its receipt of an invoice setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount due against all fees due and owing to LESSOR until the full undisputed amount is fully reimbursed to LESSEE. 30. ENVIRONMENTAL. LESSEE shall conduct its business in compliance with all- applicable laws governing the protection of the environment or employee health and safety ("EH&S Laws"). LESSEE shall indemnify and hold harmless the LESSOR from claims to the extent resulting from LESSEE's violation of any applicable EMS Laws or to the extent that LESSEE causes a release of any regulated substance to the environment. LESSOR shall indemnify and hold harmless LESSEE from all claims resulting from the violation of any applicable EMS Laws or a release of any regulated substance to the environment except to the extent resulting from the activities of LESSEE. The Parties recognize that LESSEE is only leasing a small portion of LESSOR's property and that LESSEE shall not be responsible for any . environmental condition or issue except to the extent resulting from LESSEE's specific activities and responsibilities. In the event that LESSEE encounters any hazardous substances that do not result from its activities, LESSEE may relocate its facilities to avoid such hazardous substances to a mutually agreeable location or, if LESSEE desires to remove at its own cost all or some the hazardous substances or materials (such as soil) containing those hazardous substances, LESSOR agrees to sign any necessary waste manifest associated with the removal, transportation and/or disposal of such substances. 31, ' CASUALTY. -In the event of damage by fire or other casualty to the Tower or Premises that cannot reasonably be expected to be repaired within 45 days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than 45 days, then LESSEE may, at any time following such fire or other casualty terminate this Agreement upon 15 days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to 12 MINC Salrog-Water Tower Lease (4/24/14) CORE/0762186.2728/114101482.1 expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. 32. CONDEMNATION. In the event of any condemnation of all or any portion of the Property, this Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Premises or Tower, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than 45 days, LESSEE may, at LESSEE's option, to be exercised in writing within 15 days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within 15 days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. . If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to , the total rentable area of the Premises. In the event that this Agreement is not terminated by reason of such condemnation,LESSOR shall promptly repair any damage to the Premises caused by such condemning authority. $ 33. LIENS. LESSEE shall not suffer nor permit any mechanic's or materiahmen's lien to be filed against the Property by reason of work, labor or materials supplied to LESSEE. If any such lien at any time shall be filed against the Property,.the LESSEE shall proceed with due diligence to cause the same to be discharged of record by payment, deposit, bond, order of.court or otherwise, subject, however to the right of the LESSEE to contest any such lien by legal proceedings diligently pursued. 34. SIMILAR TERMS AND CONDITIONS. LESSOR represents and warrants that the rent, benefits and terms and conditions granted to LESSEE by LESSOR hereunder are now and shall be, during the Term, no less favorable than the rent, bendfits and terms and conditions for substantially the same or similar tenancies or licenses granted by LESSOR to other parties. If at any time during the .Term LESSOR shall offer more favorable rent, benefits or terms and conditions for substantially the same or similar tenancies or licenses as those granted hereunder, then LESSOR shall, within 30 days after the effective date of such offering, notify LESSEE of such fact and offer LESSEE the more favorable offering. If LESSEE chooses, the'parties shall 13 MINC Balrog-Water Tower Cease (4/24/14) CORF/0762186.272 8/1 14 1 01 482.1 then enter into an amendment that shall be effective retroactively to the effective date of the more favorable offering, and shall provide the same rent, benefits or terms and conditions to LESSEE. LESSEE shall have the right to decline to accept the offering. LESSOR's compliance with this requirement shall be subject, at LESSEE's option, to independent verification. 35. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this'Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 36. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property and all structural elements of the Premises in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) that are applicable to the LESSOR (collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with, I (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other than general office use); and (b) all safety and building codes including those requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 37. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. i Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 38. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 39. JOINT AND SEVERAL LIABILITY. If LESSOR is comprised of more than one person or entity, the obligations hereunder imposed on LESSOR shall be joint and several obligations of all such parties. All notices, payments, and agreements given or made by, with or to any one of such persons or entities shall be deemed to have been given or made by, with or to all of them. [Signature Page Follows] 14 MINC Balrog-Water Tower Lease (4/24/14) COIu;/0762 l 86.272 8/l 14 l 01482.l IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: City of Lake Elmo,Minnesota By: Name: Title: Mayor Date: By: Name: Title: City Clerk Date: i t LESSEE: E F Verizon Wireless (VAW)LLC d/b/a Verizon Wireless By: - lac jue E.Vallier Name: xe Vie„te�Wetwnrk Field En d "1`itic Date: 15 MIN Bafrog-Water Tower Lease (4/24114) CORE/076218 6.2728/114101482.1 EXHIBIT "A" Property,_Description THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 29 NORTH, RANGE 21 WEST, WASHINGTON COUNTY, MINNESOTA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES_ 03 MINUTES 55 SECONDS EAST, BEARING ORIENTED TO THE WASHINGTON COUNTY COORDINATE SYSTEM, NAD 83, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 115.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED; THENCE NORTH 89 DEGREES 51 MINUTES 08 SECONDS EAST, A DISTANCE OF 815.00 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 55 SECONDS EAST, PARALLEL WITH SAID WEST LINE, A DISTANCE OF400.00 FEET TO ITS INTERSECTION WITH THE NORTH LINE OF STATE TRUNK HIGHWAY NO. 5;THENCE SOUTH 89 DEGREES 51 MINUTES 08 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 815.00 FEET TO ITS INTERSECTION WITH SAID WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 03 MINUTES 55 SECONDS WEST, f ALONG SAID WEST LINE,A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING, THIS PARCEL CONTAINS 7.484 ACRES,MORE OR LESS. Existing Driveway Area Descrirition 'I`loat W of tho North~Qrorrw of the S 'athwtst Quutcr afSsttig1.16,Tm Ashtip.29 North, Range 21 West mod ow,tmder rood seross tbal po of'the SoawesT QuIder of the lh t Qosr -r of Scotlon 16, Tovp,aship 29 North, Ranp 21 'West, Wtshingion Qmmty, Mitowsoft dworibed A's follows; f Corsupw tg.sit tip;n athw ost corner of said Northwest Qvw(cr of the Souihw t Quarter,tlttYtwSoot t 00dt8PW 03,ninoks S5 sdaortds lest Ong oriented to ft W"birnglan County CaordWate Sy ftvk NAJI 63,alttrog d*wilt Brae of aid Notwest Quarter of tho Southwest Q49ttur,a disttnca of"!15,20 W;(henct North 89 dr you 51 Minutes 08 woods Eut,*dtamoctof 75.00 fast to its intieraoation w ith the oast 1iiaa of County State Aid Highway No. 13 as dosm1btd in Document Number 9430770,on film and recor4 irr the Office of the County Pucrdcr,Waisloington County,wameso(a w.to the.point of kgjhnirtg;or**etasament to b#daaavr lkrd;tom.mtiirwe North 89 dues 5-1 tttinutes 08 saeonds EUL at d3st a of 5-SM feet;tfQd North 00 desms 03 Tairrutcts 55 sctmmis W' M a distance of4 tO,01 feet;thence Noah 13 deVe".24minutts 28 snoods Fad a distwice of 21E7,S7 fro,thwonoa hlodh OD degrees 03 ratttrndcs 54 atcconds WM a disc of 18040 feat,tfxaca South 89 dogrces ag ttrirttttas 24 second$West a dis4nc a of 125.00 feat:to its intmuction vrikh said cast Ilue orCouwy-rate Aid Mghway No.13;llvcnce&Yjtb 00 dt rais:03 u 34 ttr rds£� trtwo said cat litta,* disunto of 7501 feet;them South 00 dopmr,03 minutes 55 svxxxU EM,kloq said. cast line,s tltstawc of 11509 feet to thapoint of begirming. Exhibit "A" Page 1 of I MINC Balrog-Water Tower Lease (4/24/14) CORF./0762186.2728/114101482.I EXHIBIT "B" Communications Equipment and Tower Space Twelve (12) antennas on the handrail at the top of the water tower along with hybrid, jumper, coax and cable lines from equipment to antennas, equipment platform with communications/power supply equipment, telephone and electrical facilities, and all associated equipment and appurtenances related to the aforementioned antennas, lines, equipment and facilities, including, but not limited to,RRUs and amplifiers. f E Exhibit "B" Page 1 of 4 MINC Balrog-Water Tower Lease (4/24/14) CORS/0762186.2728/114101482.1 EXHIBIT "B" All I II�kXISTlNO PUMC RIW OF WAY 1 1 1 I • I Imm NON-0(CMM ACCESS F21ght of Shay f! .. �E � I FISTING PROPERTY FINE: QT i � f ACCESS RIGIIE OF WAY- -- '' r 1..�dewF � LiU,•• •.iN` 1 EXISTING l IESSFE NOR-MUM vour s R lm Of WAY BUILDING DXSnNC �y r •�" _ •+�.f��"•- I WATER TANK NORTH I`I�ssE>e NON-F%CWSNEI/ uam NOW COUNTY ROAD 14/0 5/34TH ST. N, Of WAY MINC BALRQG MINC Balrog-Water Tower Lease (4/24/14) CORFJ0762186.2728/114101482.1 Paize 2 of 4 EXHIBIT "B" EXISING RAILING (OPEN m BELOW) I � i EXISTING -......--.._c-.-._._.._-. EXISTING STAIRS OVERFLOW PIPE EXISTING UVDDER 4 .....�.�..... EXISTING RAILING (OPEN TO BELOW) I LESSEE 11MG ST EXOND WATER ww i �j•/ NORTH MINC BALROG MINC Salrog-Water Tower Lease (4/24/14) CORE/07G218G.2728/114101482.1 Page 3 of 4 EXI3IBIT 'B" EXISIINC EQUIPMENT BY OTHERS OVER/LLL STRUCTURE HEIGHT 133.1 AGL EXISRNG HANDRAIL ANTENNA IMGHT 128.6'AOL Y 465SfE wwm SPACE LAKE ELMO I EXISHN6 WATER TANK - . i k ' CRAOE 0 TOWER . 0'ACL MINC BALROG M1NC Balrog-Water Tower Lease (4/24/14) CORC/0762186.2728/114101482.1 Page 4 of 4 EXHIBIT „C„ See Attached Survey Revised April 10, 2017 MINC Balrog-Water Tower Lease (4124/14) CORL10762186.2728/114101482.1 s $n •. •Fa"o t'imd _8 e = In oNWlwa-Io 6Ww16an 1e 1Wod- ) Z W 6a~o a e ART T s � � mob a �-o-o-A � ���'- ° t - . a f l scarw-c 0 m O a� �s-$"5 "o':. �8gE� ntl $ ----------•--------—is°oc-i.u.a.os-----------'- r {� sa�, �xa .rya=^ $ E $� p� � ----- -•--�__ 1 ����•\ i T i F yam- dp 'a H Why E&i � � tl� Y _]....-_••---� _ 01 J� "-1 ° �_- '��y� - a � ss.° .::• E a $ '° W �6a~ Mw Mill SEE gyall5 ggggyy Is r1. gg�, �Er�E%8 $�� Sf SR�6q� � ,�� �a �"��°���'� ��\°� IO~�• Q^z�-�y f �S� 4sa°a �•�': �s$exa .et�_� s= �q `� Ea�°"-""'o-- a o :c- ag aE91" _ A € ..8 1 "M I Q I Lc "g�Y1g ��Be E�;��-� fi .F�o_�y��x.. � f pS ��._&Y8°rr $t $� <'•: �•b f "� Milli8ggi F8 S95"8yx$ ry7f $v�u d g ! •pp` I i � �� I� � �� a "in Ice �k� aitlE°$55^g$k°'m0�'65��� 5•]/ :�.I.- .. �I I 7� � •$'1 :gas �aocsa��$•��E s��ses a �, / �� . ti;.r;,y,,... �_.� I �W'� agog g -am 8 It 4 6oi d�g�m„e�g#.,�••9�g�«fi t It �b� �•' � b Fgs$ �i ° a. 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Ali `:_411H y�]YJ _ I. J 1 6P'6iP Be.I40N` J"l•. _ ? a1y'� F ��•� ••ttro P w M^ta-•'� ii — Avg A imin Oiwnj 1 �-wl 4+mu R •Bi i:y A4Xq•% �^ R ./1 AW oVl 1•N:Ms•v to wIP 1��— •N anN3AV-W3Cl T — N M.14tl— — •v • -I..� ——- ? ,� _.... `MSZ.5,u'H 6Z'd<1'91-s 1•Y/i k5 I Iv Y/S MN VVI 1•levwv Iwx41nM SITE NAME:MIN Tick SITE NUMBER: LAND LEASE AGREEMENT This Land Lease Agreement (the "Agreement") made this day of , 20 between the City of Lake Elmo, Minnesota, with its principal offices at Attention: Finance Director, 3800 Laverne Avenue North, Lake Elmo, Minnesota 55042, hereinafter designated LESSOR., and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless with its principal offices at One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". WITNESSETH In consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: 1. PREMISES. LESSOR hereby leases to the LESSEE a portion of that real property owned by LESSOR near the easternmost portion of Upper 33rd Street North, in the City of Lake Elmo, Washington County, State of Minnesota (the "Property"). The Property is legally described on Exhibit "A" attached hereto and made a part hereof. The LESSEE hereby leases approximately 1,152 square feet as shown in detail on Exhibit "B" attached hereto and made a part hereof(the "Premises"). LESSOR hereby grants to LESSEE the right to install, maintain, and operate a 125' monopole tower structure (plus 9' lightning rod), an equipment platform, and i associated communications equipment ("Use") upon the Premises as depicted in Exhibit "B". LESSEE shall survey the Premises and prepare as-built drawings of its Use of the Premises within sixty (60) days of erection of the monopole tower and installation of equipment. Upon completion, LESSEE shall provide the survey and as-built drawings to LESSOR and such documents shall replace Exhibit "B" in its entirety. LESSEE shall have the non-exclusive right for ingress and egress from a public right-of-way, 7 days a week, 24 hours a day, on foot or motor vehicle, including trucks over the Property to and from the Premises for the purpose of installation, operation and maintenance of LESSEE's communications equipment over or along a right-of-way ("Easement"), which shall be depicted on Exhibit "B". LESSEE may use the Easement for the installation, operation, and maintenance of wires, cables, conduits, and pipes for all necessary electrical, telephone, fiber and other similar support services. In the event it is necessary, LESSEE or the provider may install such services on, through, over and/or under the Property in different locations, provided the location of such services shall be reasonably approved by LESSOR. Notwithstanding anything to the contrary, the Premises shall include such additional space sufficient for LESSEE's radio frequency signage and/or barricades as are necessary to ensure LESSEE's compliance with Laws (as defined in Paragraph 36). LESSEE agrees that if its equipment produces noticeable noise levels that exceed noise regulations per the Iocal ordinances and/or state laws, LESSEE will, at its own expense, install a noise buffer or take such other measures necessary to insure compliance with such regulations. 2. The Use of the Premises including, without limitation, the tower structure, antennas, conduits, fencing and other screening, and other improvements shall be at LESSEE's expense and installation shall be at the discretion and option of LESSEE. LESSEE shall have the MIN Tickle Land Lease Agreement 3924314v1 right to replace, repair, add or otherwise modify its utilities, equipment, antennas, and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit, provided, however, that any increase in the height of the tower structure shall require the LESSOR's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, provided that any modification to the tower shall be subject to the City's generally applicable zoning requirements and approvals. CONDITION OF PROPERTY. LESSOR represents and warrants to LESSEE that as of the Effective Date, the Premises is (a) in compliance with all Laws; and (b) in compliance with all EMS Laws (as defined in Paragraph 30). 3. TERM; RENT. (a) This Agreement shall be effective as of the date of execution by both Parties ("Effective Date"). The initial term of the Agreement shall be for five years beginning on the Commencement Date (as hereinafter defined). The "Commencement Date" shall be the earlier of January 1, 2019, or the first day of the month after LESSEE begins installation of LESSEE's Use. The initial annual rent of$19,800.00 shall be paid in equal monthly installments on the first day of the month, in advance, to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least 45 days in advance of any rent payment date by notice given in accordance with Paragraph 24 below. LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date. LESSOR and LESSEE acluiowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until j ninety(90) days after a written acknowledgement confirming the Commencement Date. a Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. (b) For any party to whom rental payments are to be made, LESSOR or any successor in interest of LESSOR hereby agrees to provide to LESSEE (i) a completed, current version of Internal Revenue Service Form W-9, or equivalent; (ii) complete and fully executed state and local withholding forms if required; and (iii) other documentation to verify LESSOR's or such other party's right to receive rental as is reasonably requested by LESSEE. Rental shall accrue in accordance with this Agreement, but LESSEE shall have no obligation to deliver rental payments until the requested documentation has been received by LESSEE. Upon receipt of the requested documentation, LESSEE shall deliver the accrued rental payments as directed by LESSOR. 4. EXTENSIONS. This Agreement shall automatically be extended for four additional five year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six months prior to the end of the then current term. The initial term and all extensions shall be collectively referred to herein as the"Term." 2 M1NC TiMe Land Lease Agreement 3924314vt 5. RENT INCREASES. The annual rental shall be increased by two percent (2%) each year on the anniversary of the Commencement Date. 6. TAXES. LESSEE shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of the LESSEE's improvements, and any sales tax imposed on the rent (except to the extent that LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the Property is located), including any increase in real estate taxes at the Property which LESSOR j demonstrates arises from the LESSEE's improvements and/or LESSEE's use of the Premises. LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies, assessments and other charges imposed including franchise and similar taxes imposed upon the business conducted by LESSOR or LESSEE at the Property. Notwithstanding the foregoing, LESSEE shall not have the obligation to pay any tax, assessment, or charge that LESSEE is disputing in good faith in appropriate proceedings prior to a final determination that such tax is j properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall be construed as malting LESSEE liable for any portion of LESSOR's income taxes in connection with any Property or otherwise. Except as set forth in this Paragraph, LESSOR shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property and shall do so prior to the imposition of any lien on the Property. E LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to, executing any consent, appeal or other similar document. In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or repayment received by the LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, i credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such dispute at LESSEE's sole cost and expense upon written request of LESSEE. 7. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. All improvements, equipment, antennas and conduits shall be at LESSEE's expense. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests, environmental studies, or any other due diligence LESSEE chooses which will permit LESSEE's use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that(i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by 3 MINC Tickle Land Lease Agreement 39243141 governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any soil boring tests or structural analysis is unsatisfactory; (v) LESSEE determines that the Premises is no longer technically or structurally compatible for its use, or (vi) LESSEE, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary, , LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rent paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no . further obligations for the payment of rent to LESSOR. 8. INDEMNIFICATION. Subject to Paragraph 9 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. 9. INSURANCE. f a.Notwithstanding the indemnity in Paragraph 8,the Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of f damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. b. LESSEE will maintain at its own cost; i. Commercial General Liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. ii. Commercial Auto Liability insurance on all owned, non-owned and hired automobiles with a combined single limit of one million ($1,000,000) each accident for bodily injury and property damage. iii. Workers Compensation insurance providing the statutory benefits and Employers Liability with a limit of $1,000,000 each accident/disease/policy limit. 4 MING Tickle Land Lease Agreement 3924314v1 LESSEE will include the LESSOR as an additional insured as their interest may appear under this Agreement on the Commercial General Liability and Auto Liability policies. c. LESSOR will maintain at its own cost commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and$500,000 for damage or destruction to property in any one occurrence. LESSOR will include the LESSEE as an additional insured as their interest may appear under this Agreement. 10. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 8 and 30,neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort(including negligence), strict liability or otherwise. 11. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three months prior notice is given to LESSOR and upon payment of an early termination fee equal to six months' rent. 12. INTENTIONALLY OMITTED. 13. TOWER COMPLIANCE. LESSEE covenants that it will keep the tower structure in good repair as required by all Laws (as defined in Paragraph 36 below). The LESSEE shall also comply with all rules and regulations enforced by the Federal I Communications Commission with regard to the lighting, marking and painting of towers. 14. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. Without limiting any other rights or remedies, in the event any interference occurs and continues for a period in excess of 48 hours following notice to the interfering party via telephone to LESSEE's Network Operations Center at (800) 264-6620 or to LESSOR at 651-747-3900, the interfering party shall or shall require any other user to reduce power or cease operations of the interfering equipment until the interference is cured. In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is malting a good faith effort to remedy the interference issue. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future tape possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, 5 MrnC Tickle Land Lease Agreement 39243141 either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 15. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within 90 days after any earlier termination of the Agreement, remove its communications equipment (except footings) and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws. If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rats basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. 16. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 15 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 15 or this Paragraph 16, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 15 shall be equal to the rent applicable during the month immediately preceding such expiration or earlier termination. 17. LIMITED RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term, to sell, otherwise transfer or grant to a third party by easement or other legal instrument an interest in the Premises or any portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the easement or interest to such third person in accordance with the terms and conditions of such third party offer. 18. RIGHTS UPON SALE. Should LESSOR, at any time during the Tenn decide (i) to sell or transfer all or any part of the Property to a purchaser other than LESSEE, or(ii)to grant to a third party by easement or other legal instrument an interest in and to that portion of the Premises, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Premises for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall be released from its obligations to LESSEE under this Agreement to the extent of the obligations assumed by said third party. To the extent LESSOR's obligations are not 6 MINC Tickle Land Lease Agreement 3924314vl assumed by said third party, LESSEE shall have the eight to look to LESSOR and the third party for the full performance of such obligations. 19. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy use of the Premises. 20. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR Ruther covenants during the Term that there are no liens,judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 21. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement,in law or in equity. 22. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of Minnesota in which the Property is located. Each party further agrees that all legal actions or proceedings arising out of or in connection with this Agreement shall be brought exclusively in the courts of the State of Minnesota located in Washington County, or the federal courts of the United States of America located in Minneapolis, Minnesota, and each hereby irrevocably submits to the exclusive jurisdiction to hear and determine such legal actions or proceedings and waives any objection to the proceedings in such courts on the grounds of venue or forum non-conveniens. 23. ASSIGNMENT AND SUBLEASE. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the prior written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an 7 M11VC Tickle Land Lease Agreement 39243[4v[ assignment hereunder. LESSEE may lease tower space in LESSEE's sole discretion, provided, however, that any sublease of ground space within the Premises shall require the LESSOR's prior written consent which may be conditioned upon LESSOR's receipt of additional rent or other consideration from either the LESSEE or its subtenant. LESSOR may lease ground space outside the Premises, so long as future lessees do not interfere with LESSEE's Use. 24. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Lake Elmo, Minnesota Attention: Finance Director 3800 Laverne Avenue North Lake Elmo,Minnesota 55042 LESSEE: Verizon Wireless (VAW)LLC d/b/a Verizon Wireless Attention: Network Real Estate 180 Washington Valley Road Bedminster,New Jersey 07921 a u Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. i 25. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 26. SUBORDINATION AND NON-DISTURBANCE. LESSOR shall obtain not later than 15 days following the execution of this Agreement, a Non-Disturbance Agreement, as r defined below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property. At LESSOR's option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a "Mortgage") by LESSOR which from time to time may encumber all or part of the Property; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Property, LESSOR shall obtain for LESSEE's benefit a non-disturbance and attornment agreement for LESSEE's benefit in the form reasonably. satisfactory to LESSEE, and containing the terms described below (the "Non-Disturbance Agreement"), and shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE-is not in default of this Agreement beyond applicable notice and cure periods. The Non-Disturbance Agreement shall include the encumbering party's ("Lender's") agreement that, if Lender or its successor-in-interest or any purchaser of Lender's or its successor's interest (a "Purchaser") acquires an ownership interest in the Property, Lender or such successor-in-interest or Purchaser will (1) honor all of the terms of the Agreement, (2) 8 MINC Tickle Land Lease Agreement 3924314v1 fulfill LESSOR's obligations under the Agreement, and(3)promptly cure all of the then-existing LESSOR defaults under the Agreement. Such Non-Disturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non-Disturbance Agreement, LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attorn to Lender if Lender becomes the owner of the Property and (3) agrees accept a cure by Lender of any of LESSOR's defaults, provided such cure is completed within the deadline applicable to LESSOR. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 27. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 28. DEFAULT. (a) In the event there is a breach by LESSEE with respect to any of the ` provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have 15 days in which to cure any monetary breach and 30 days in which to cure any non-monetary breach, provided LESSEE shall have such extended period as may be required beyond the 30 days if the nature of the cure is such that it reasonably requires more than 30 days and LESSEE commences the cure within the 30 day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSEE fails, within 3 days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSEE if the failure to perform such an obligation creates an emergency that threatens the public health, safety or welfare; provided, however, that if the nature of LESSEE's obligation is such that more than 5 days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such 5 day period and thereafter diligently pursued to completion. (b) In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have 30 days in which to cure any such breach, provided LESSOR shall have such extended 9 MINC Tickle Land Lease Agreement 3924314v1 period as may be required beyond the 30 days if the nature of the cure is such that it reasonably requires more than 30 days and LESSOR commences the cure within the 30 day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph, Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within 5 days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes with LESSEE's ability to conduct its business on the Property; provided, however, that if the nature of LESSOR's obligation is such that more than 5 days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such 5 day period and thereafter diligently pursued to completion. 29. REMEDIES. Upon a default, the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default,the non-defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall pay to LESSEE upon demand the full undisputed amount thereof. Notwithstanding the foregoing, if LESSOR does not pay LESSEE the full undisputed amount within 30 days of its receipt of an invoice setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount due against all fees due and owing to LESSOR until the full undisputed amount is fully reimbursed to LESSEE. 30, ENVIRONMENTAL. LESSEE shall conduct its business in compliance with all applicable laws governing the protection of the environment or employee health and safety ("EH&S Laws"). LESSEE shall indemnify and hold harmless the LESSOR from claims to the extent resulting from LESSEE's violation of any applicable EMS Laws or to the extent that LESSEE causes a release of any regulated substance to the environment. LESSOR shall indemnify and hold harmless LESSEE from all claims resulting from the violation of any applicable EMS Laws or a release of any regulated substance to the environment except to the extent resulting from the activities of LESSEE. The Parties recognize that LESSEE is only leasing a small portion of LESSOR's property and that LESSEE shall not be responsible for any environmental condition or issue except to the extent resulting from LESSEE's specific activities and responsibilities. In the event that LESSEE encounters any hazardous substances that do not result from its activities, LESSEE may relocate its facilities to avoid such hazardous substances 10 M1NC Tickle Land Lease Agreement 39243141 to a mutually agreeable location or, if LESSEE desires to remove at its own cost all or some the hazardous substances or materials (such as soil) containing those hazardous substances, LESSOR agrees to sign any necessary waste manifest associated with the removal, transportation and/or disposal of such substances. 31. CASUALTY. In the event of damage by fire or other casualty to the Property or Premises that cannot reasonably be expected to be repaired within 45 days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than 45 days, then LESSEE may, at any time following such fire or other casualty terminate this Agreement upon 15 days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. 32. CONDEMNATION. In the event of any condemnation of all or any portion of the Property, this Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Property or Premises, LESSEE, in LESSEE's sole discretion, is unable to use the Premises. for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than 45 days, LESSEE may, at LESSEE's option, to be exercised in writing within 15 days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within 15 days after the condemning authority shall have taken possession) tenninate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises. In the event that this Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority. 33. LIENS. LESSEE shall not suffer nor permit any mechanic's or materialmen's lien to be filed against the Property by reason of work, labor or materials supplied to LESSEE. If any such lien at any time shall be filed against the Property, the LESSEE shall proceed with due diligence to cause the same to be discharged of record by payment, deposit, bond, order of court I1 MTNC Tickle Land Lease Agreement 39243141 or otherwise, subject, however to the right of the LESSEE to contest any such lien by legal proceedings diligently pursued. 34. INTENTIONALLY OMITTED. 35, SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 36. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property and all structural elements of the Premises in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) that are applicable to the LESSOR (collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other than general office use); and (b) all safety and building codes including those requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 37. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 38. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 39. JOINT AND SEVERAL LIABILITY. If LESSOR is comprised of more than one person or entity, the obligations,hereunder imposed on LESSOR shall be joint and several obligations of all such parties. All notices, payments, and agreements given or made by, with or to any one of such persons or entities shall be deemed to have been given or made by, with or to all of them. [Signature Page Follows] 12 MINC Tickle Land Lease Agreement 39243141 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: City of Lake Elmo, Minnesota By: Name: Title: Mayo Date: By: Name: Title: City Cleric Date: LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: Nam/ James,FRS. McIrtin Title: Director- etwgr.k Ra ngineeriing Date: ()z 13 MINC Tickle Laud Lease Agreement 39243101 EXHIBIT "A" Property Description That part of the West half of Section Thirteen (13), Township Twenty—Wing (29) North of Range Twenty—one (21), lyfng within the following boundaries, to—wit: Beginning at the quarter post in the center of the South line of said Section; thence running North along the Center Line of said Section to a point in the center of the Saint Paul & Stillwater- Road; thence Southwesterly along the center of sold road to a point forty--four (44) Rods West of the East Line of the Northwest Quarter of said Section; thence South on a line parallel with the West line of said Section to a .point. in the South line thereof Forty—four (44) Rods West of the center post in said line; thence East Forty—four (44) Rods to the place of beginning, excepting, however, a strip of land One Hundred (100) Feet in width, being Forty-four (44) feet on the north side and Fifty--six (56) feet on the South side of center line of St. P. S. & T. F. icy, track as constructed over and across East Forty—four (44) Rods of West Clue—half (W1/2), and also excepting therefrorn the East 726 feet of the South 1800 feet of the Southwest Quarter (SW1/4) of Section 13, Township 29 North, Range 21 West, Washington County, Minnesota, according to the United States Government. Survey thereof, subject to the right of way of Minnesota Trunk. Highway No. 5 (also known as Stillwater Boulevard North), and is also subject to a 20 foot road use easement recorded by Document Number 328273 In the office of the County Recorder, Washington County, Minnesota, and is also subject to a Northern States Power Easement recorded in Book 136 of Deeds, Page 297, in the Office of the County Recorder, Washington Outlot I, EASTON VILLAGE 3RD ADDITION, Washington County, Minnesota. i f I MINC Tickle Land Lease Agreement 3924314v1 EXHIBIT "B" See Attached Survey Sheet 3 of 3 and Site Plan/Tower Elevation E I i 1 i l i MINC Tickle Land Lease Agreement 3924314v1 I � I I I � 1 � EXISTING — -.._ .... I y� EXISTING 35' WIDE GRAVEL STREET `- ' PERMANENT ROAD do U EXISTING DRAINAGE k UTILITY UTILITY EASEMENT PER } EASEMENT PER DOCUMENT '�~ � "'f ` FINAL CERTIFICATE NO. 4037027 � ••/ � r.1 . .:. OOC. N0. 4066090vor • EXISTING 30'WIDE EASEMENT PER DOCUMENT NO. 343044 \A A -`1 1- I I I LESSEE ACCESS AND UTILITIES EASEMENT, 20'-O'WIDE I I I 1 I EXISTING GRAVEL EXISTING RAIL I I DRIVEWAY,TYP. ROAD, TYP. I I ' I I I I I EXISTING 30' WIDE ROADWAY I I ACCESS EASEMENT PER BOOK 264, PAGE 571 EXISTING SIELO, TYP. I ( EXISTING 66' WIDE INGRESS & EGRESS EASEMENT PER I DOCUMENT NO. 353542 I I I f EXISTING PROPERTY LINE, 7YP, I 4 EXISTING OVERHEAD I ELECTRIC, TYP. I I I I EXISTING POWER I POLE, TYP. EXISTING POWER I i POLE, TYP. I EXISTING TREES to ci m 1 EXISTING TEMPORARY CONTRUCTION EASEMENT PER DOCUMENT NO. 4039080 1 I I ��„•���_ �.� FUTRE 7EXISTING LOT ULU DE-SAC LINE, TYP. = ---------= -�-- ------------------ EXISTING PERMANENT EASEMENT PER DOCUMENT NO. 4039079 ' 1 s I EXISTING 50' WIDE PERMANENT EASEMENT PER EXISTING s' ` DOCUMENT NO. 4011587 TREES EXISTING DRAINAGE AND UTILITY EASEMENT PER EASTON PLACE IC NORTH /�.. = f �. EXISTING LOT , 3 ` LINE, TYP. LESSEE PREMISES, 1 36'-D' X 32'-O' I \\ '�� M I N a=clmrw10' 0'WIDE °�' TICKLE WON'HYS*D N anmaAv ONINNVUY to Q. MOO A ---o < 'Z A, :;A LL 0 LU > bs x VA AS 441 10*W.1 Ism] --- -—----—--- I'. >I 4---$Y-W.01 3.00.M.N --- ---------- —T------ .3 1-41111 Ak.00,0060S L I" 00*ZV ------------- ------ u 6' 3)hn 6�F N 3nN3AV 01413IN b 9w 7' v; LU 0 OD'ZC 3;PD.OoLDM 4L -3 LU �y , 5 _> #J 0 5 Fig AM- R �I x' a I � 1..5'/ 5'. /~� p]', /4' 1,ia /r F, 1. p7d uj cf) -6 if A T LU _j T- -41 A sq"%t A INA u -z o' L m J—..3 1-1-0 Ad It ;j At 'd rud I v .j. �H.,A 11% W 'z BE2 ui A fK62' H i 81- WY 012 Z. 'i��i •,�.....-.. P #gZg n8 Oki J � 3� k� a�i R & Q o a��xaas Z o � a o t A0 ui Pi g, l- s s $ og w 3 (� € z Ud3 iscnr � a N 4 CL V ❑ ORz �' in K^ a� �- Swm 3u 3 a w W Hpsa ------ C g_§j ! N7q po " o m � 8J 2.q-O��i N 3ntlyf'oJAbl yy op, NaMn - LU o W . fll5�y5y5y�o �d MFf,ry c} _ N3ntl 33NY1 �- Y 5 � o N3naov1143wiWO y� a J N Q u� z a j g o 0 U U N ^ � � F S �'R � g � _Q F 0 8 s m ai (y L�yE�pi g = 98 bar N p O S N !$sbgblb� wit, wa M Z Y CV rOv S 1 VD I a � U 1 Mai :I~,1� A .0" , F.~_ � -� .etldiYld JmdA00: LLI co K I: I. I Hill, Er, r . . . i IT J' t r, 3oI+ . . . . . .T THE CITY OF LAKE ELMO STAFF REPORT DATE: July 17,2018 REGULAR ITEM#: 24 MOTION TO: City Council FROM: Ben Prchal, City Planner AGENDA ITEM: Baseball Field Improvements—Demontreville Park REVIEWED BY: Ben Prchal, City Planner Director Kristina Handt, City Administrator BACKGROUND: As part of the May 1, 2018 City Council meeting, Council authorized staff to solicit quotes for baseball field improvements at Demontreville Park. The 2018—2022 Capital Improvement Plan for Demontreville Park states that$75,000 is reserved to add a new field and to regrading/update the current baseball field while also adding fencing/tipped backstop. Being that the Mahtomedi Baseball Association is the most frequent user of the park staff had reached out to them for recommendations on dimensions for the new field. After a few conversations they indicated that the park size is too restrictive to effectively put two fields in the park. They further elaborated that if two fields were to be used for games or practice the parking lot would quickly fill up. ISSUE BEFORE THE COUNCIL: Does City Council wish to except the lowest responsible quote and approve Demontreville Park Baseball Field Improvements? PROPOSAL: If approved the following baseball field improvements will take place: - 90' sport lime field - Base anchors at 60', 65', and 75' - Backstop 20' high w/6' overhang - 8' infield fence extending 100' from home plate FISCAL IMPACT: Funding for the above listed ball filed improvements will not exceed $70,000 and shall be paid by Park Dedication Funds. OPTIONS: 1) Approve and award field improvement quotes 2) Deny approval and awarding of field improvement quotes 3) Table approval and awarding of field improvement quotes RECOMMENDATION: "Approve and award quote for Demontreville Park Baseball Field Improvements to Pember Companies for an amount not to exceed$70,000" ATTACHMENTS: • Pember Companies Quote • Rachel Contracting Quote SK RACF,I EL COMMITTED TO SAFETY BID PRICING June 22, 2018 Rob Weldon City of Lake Elmo 3800 Laverne Ave N Lake Elmo, MN, 55042 651-747-3941 rweldon(&Iakeelmo.com PROJECT. Demontreville Park Field- Lake Elmo, MN BID: Total $ 88,508.00 INCLUDES: Earthwork: Erosion control (600LF silt fence) • Topsoil stripping &salvage for reuse • Cut/Fill to balance site Import&place 5" aglime at field (400 TON Total) • Respread topsoil • Seed disturbed areas (5,600SY) • 901f backstop 20' high with overhang • 8' infield fence extending 100'from home plate each direction • Finish grade site to within .10' EXCLUDES: Tree Trimming/Removal, Concrete Maintenance Strip,Base/Base Anchors, Street/Sidewalk Removal or Restoration other than Noted Above,Soil Corrections,Dewatering,Private Locates,Removal/Relocation or Temp Hanging of Existing Public or Private Utilities,SWPPP or Monitoring, Seeding/Temp Seeding,Erosion Control Blanketing,Import of Rock for Laydown or Access, Temporary Fence,Hauling Premium Costs during Road Restrictions,Surveying&Layout, Testing,Inspections,Permits,Licenses or Fees other than Noted Above, Traffic Control, Temporary Facilities,Bond(Add 1%)&Winter Conditions Thank you for the opportunity to submit a proposal on this project. This quote is valid for 30 days after its submission, based upon the date provided above with assumed payment terms of net 30 days. Please feel free to call with any questions. 9�5� Nate Fischbach Estimator/Project Manager (763)274-8866 nfischbach(a�rachelcontracting.com 4125 Napier . 1500 1 wwwrachelcontracting.corn a � ON+GD C3+18 C2+12 ~ T emontevile ark � C1+59 i C3+60 C1+40 CO+25 CO+65 CO+52 � � C1+56 C3+77 C1+21 F0+59 F0+45 F0+51 i d ► CO+85 C3+31 CO+85 F1+00 F1+87 F2+19 40 r '� . CO+89 CO+24 F1+42 F2+42 F2+72 a _ t FO+35 F1+98 F2+42 F2+46 t - FO+83 F1+02 F1+26 • 4v t ' _ O 40 80 r RACHEL QUOTE PROPOSAL FOR DEMONTREVILLE PARK BASEBALL FIELD CONSTRUCTION CITY OF LAKE ELMO, MINNESOTA ITEM ITEM UNIT QUANTITY UNIT PRICE TOTAL AMOUNT NO. 1 MOBILIZATION LS 1 2 SPORT FIELD LIME TON 640 3 TOPSOIL FOR GRADE CORRECTIONS SF 2000 cto 4 HYDROSEEDING OF DISTURBED AREASS SF 2000 5 20'CHAIN LINK BACKSTOP W/OVERHANG LF 90 6 8'CHAIN LINK LF 200 00 TOTAL PROJECT COST $ L09 U(Its cc The quantities herein are approximate only. Payment will be made for the actual quantities of work ordered and installed. We have examined the site of the work and are acquainted with all conditions affecting the construction of the work. We understand and agree that the City may chose to award the project to the lowest responsible quote or in the best interest of the City. The City reserves the right to reject any or all quotes, to waive any informalities in any Quote, and to omit any part of the above work. We agree that if this Proposal is accepted, we will execute a Contract in the form attached to this bid package. If we are awarded the Contract, we will complete the work by September 30,2018. Respectfully submitted, Firm Name Pergber Companies Inc Signature Signed by Brent Pember Title President Contact Phone 715-235-0316 Number Address N4449 469th St, Menomomnie WI 54751 i t THE CITY OF LAKE ELMO STAFF REPORT DATE: 7/17/18 REGULAR ITEM#: 25 MOTION TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Approval for Additional Costs for Comprehensive Plan REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: The City had established a total project budget of$100,000 for the Comprehensive Plan update as was reflected in the 2017 budget book. The City applied for and received a Living Healthy in Washington County grant in the amount of$15,000. The Council approved the hiring of Swanson Haskamp Consulting at its January 17, 2017 meeting with a budget not to exceed$80,000. Then, on March 7, 2017,the Council approved a Master Services Agreement with Swanson Haskamp Consulting that increased that budget to $90,000 in order to include the Living Healthy portion in the planning process. The City received the final invoice from Swanson Haskamp Consulting and was informed that the budgeted$90,000 had been exceeded along with a request for the City to share in less than half the team's overages related to the project. ISSUE BEFORE COUNCIL: Should the City approve additional costs associated with development of the 2040 Comprehensive Plan update? PROPOSAL DETAILS/ANALYSIS: Per Swanson Haskamp,the overages related to re-calculating the full land use plan based on the revised directions to ignore the 2015 system statement projections and consequently update nearly every chapter; one of the most time consuming being the Transportation Analysis Zones in the Transportation chapter which was originally planned to be done by the City Engineer; adjusting land use and household breakdowns; and the partial update of the Local Surface Water Management Plan(LSWMP)to comply with the chapter requirements,which will provide data which addresses many of the required items in the LSWMP. The overage amounts to $3,217.50. FISCAL IMPACT: The City had budgeted $100,000 for the comprehensive plan update. The City has received a Washington County Living Healthy grant in the amount of$15,000 to apply to the project. The City Council meeting Page 2 Regular Item#25 711712018 SHC Master Services Agreement and Addendum for comprehensive planning services including the Living Healthy component for a not to exceed amount of$90,000. The total amount being paid to Swanson Haskamp Consulting relating to the 2040 Comprehensive Plan update, if the overage is approved, would be $93,217.50. The agreement states that any change orders, additional services and/or modifications to the proposal may result in adjustments to the budget and such additional charges would be billed per the Rate Schedule. Any such changes are to be in writing and be attached as an addendum to the agreement. OPTIONS: The Council has the following options: 1) To approve the requested overage amount. 2) Approve a different overage amount. 3) To not approve the overage. RECOMMENDATION: Staff recommends the Council approve the requested overage amount. Planning Commission and Council recommendation to remove the Urban Reserve from the land use plan resulted in having to make significant changes throughout the plan, requiring more time and effort than originally planned. "Move to approve an overage of$3,217.50 to be paid to Swanson Haskamp Consulting." ATTACHMENTS: • SHC Master Services Agreement MASTER SERVICES AGREEMENT BETWEEN SWANSONHASKAMP CONSULTM,LLC AND THE CITY OF TAKE EIMD FOR PINING"SERVICES RELATED TO THE 2040 COMPREHENISVE PLAN UPDATE The Agreement(`Agreement')is made as of 2017 and betmeen,the Cityoflake Elmo(`Client'),3800 Laverne Avenue N,Lake Elmo,NN 55042,and Swanson I-laskamp Consulting,II C CSHC'),246 Albert Street S.,Suite 2A,St.Paul,NN 55105,to provide Professional Planning Services(Services')by SHC for the 2040 Comprehensive Plan Update project(`Project')as directed by the Client. Description of Services (Scope of Services) Jennifer Haskamp,President of SHC shall be the primary contact and project manager assigned to perform planning and project management services for the Project SHC responded to the Client's Request for Proposal on December 22,2016 which included a defined scope of services, schedule,and budget(hereinafter referred to as`Proposar). The Proposal is hereby incorporated as Addendum 1,and SHC agrees to perform and complete the mark as identified within the Proposal. The following summary ofthe Project Proposal is provided: • Phase 1 Project Initiation,Issue Identification,Background Report,Visioning and Goal Setting • Phase E Plan Development o Land Use&Housing o Parks&Trails,Natural Resources o Transportation,Water&Wastewater o Implementation • Phase III:City Review&Adjacent Jurisdictions • Phase N NLtropolitan Council Review • Phase V:Update Official Controls(Not included within budget) SHC shall perform the services identified in the Project Proposal and no others unless otherwise agreed to by verbal or written direction,and unless SHC is paid additional compensation. Standard of Care. SHC's services shall be performed based on the standard ofreasonable professional care for services similar in scope,schedule,and complexity to the services being provided by SHC. All warranties,express or implied,under the Proposal or otherwise,in connection with SHC's services are expressly disclaimed. Period of Service This contract shall be effective through commencement ofPhase IV:NEtropolitan Council Review,or approximately December 2018,as identified in the Project Proposal. Compensation SHC shall be paid for the Project per Addendum 1:Proposal,and such services shall not exceed$80,000. Billing rates ofthe SHC Team shall be as identified on the attached Addendum 2:Rate Schedule.Client agrees that the not-to-exceed value of this contract correlates directly to the activities identified in the Proposal.Any change orders,additional services and/or modifications to the Proposal may result in adjustments to the budget and such additional charges mould be billed per the Rate Schedule included mithin the Proposal through the duration ofthis contract Any such changes shallbe in writing and be attached as an Addendum to this Master Services Agreement.Payments are due upon presentation ofSHC's invoices,and the Client agrees to pay bills within 30 days ofreceipt SHC and the Client shall vwrk together to establish the method for reporting and submitting invoices to assist with the ease ofmonthly billing and budget management. Client hereby acknowledges that sufficient funds are currently available, or methods to obtain funds,are assigned to pay for the cost ofthe Project contemplated by the Agreement. SHC has the right,at its sole discretion, to stop work and withhold work product or Services,ifpayments have not been received within 30 days of invoicing date. If Payments are not made within 30 days,a service charge of one(1)percent per month(12%annum),or as permitted bylaw,will be charged on any unpaid balance. Service charges maybe compounded IfChent fails to make payments to SHC consistent with the Agreement,such failure shall be considered substantialnonperfommance and cause for temvnation or,at SHC's option,cause for suspension ofperformance ofthe Services under the Agreement. USHC elects to suspend Services,prior to suspension of Services,SHC shall give seven days written notice to Client In the event ofa suspension of Services,SHC shall have no liability to Client for delay or damage caused to Client because of such suspension of Services. Before resuming Services,SHC shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of SHC's services. SHC's fees for the remaining Services and the time schedules shall be equitably adjusted In the event of tennination not the fault of SHC,SHC shall be compensated for Services performed prior to termination,together with reimbursable expenses due. Client's Responsibilities Client shall provide full information in a timely manner regarding requirements for and limitations for successful execution ofthe Scope of Services, including objectives,schedule,constraints and criteria,requirements and relationships and any other pertinent infonnation that will assist SHC in achieving the expectations of the Client. The Client further agrees to work collaboratively with SHC on the tasks and responsibilities as identified within the Proposal,particularly as it relates to the Technical Panel,Advisory Panel CAP')and Public Participation activities. The Client shall designate a representative authorized to act on the Client's behalf with respect to the Proposal and will serve as the Project point of contact throughout the duration ofthis contract. The Client,or such designated representative,shall render decisions in a timely manner pertaining to documents submitted by SHC to avoid unreasonable delay in the orderly and sequential progress ofthe Proposal. Termination The Agreement may be terminated by either party at any time should the other party fail to perform in accordance with its terms through no fault of the party initiating the termination. Such termnation shall be effective affer giving ten days written notice. Client agrees to pay SHC for all Services provided up to the effective date oftemmination. 1V4scellaneous Work Product The documents prepared by SHC for the Project are instruments of SHC's service for use solely with respect to the Client and,unless otherwise provided and agreed,SHC shall be deemed the author ofthese documents. All documents shall be the property ofthe Client,and both the Client and SHC shall retain all conmmon law,statutory and other reserved rights,including the copyright. The Client and SHC shall be permitted to retain copies,including reproducible copies,of SHC's documents for the Client's information,reference and use in connection with the Services. Claims and Consequential Damages SHC and Client waive consequential damages for claims,disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable,without limitation,to all consequential damages due to either parry's tenninating in accordance with the tenination clause. Any claim,dispute or other matter in question arising out of or relating to the Proposal or breach thereofCClaim')shall be resolved by litigation in the State or(assuming subject matter jurisdiction)Federal Court located in Washington County,Mmnesota. Interpretation and Severability Each provision ofthis Agreement is severable from the others. Should any provision ofthe Agreement be found invalid or unenforceable,such provision shall be ineffective only to the extent required by law,without invalidating the remainder of such provision or the remainder ofthe Agreement. Further,to the extent permitted bylaw,any provision found invalid or unenforceable shall be deemed automatically redrawn to the extent necessary to render it valid and enforceable. Assignment The Client and SHC,respectively,bind themselves,their partners,successors,assigns and legal representatives to the other party to this Agreement and to the partners,successors,assigns and legal representatives of such other party with respect to all covenants ofthis Agreement. Neither the Client nor SHC shall assign this Agreement without the written consent ofthe other. Team Relationship The Client and SHC agree to wark together on the basis oftmst,good faith and fair dealing,and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely,eflicient and economical manner. Entire Agreement 'Ihe terms and conditions set forth herein constitute the entire understanding ofthe parties relating to the services to be provided by SHC.Only a written instrument signed by both parties may amend the Agreement. Governing Law The Agreement shall be construed,interpreted,and enforced in accordance with the laws ofthe State ofNkmesota,excluding its conflict of laws. SHC and Client expressly consent to the exclusive personal jurisdiction and venue ofthe Nfimesota courts for all purposes relating to the Proposal. The parties waive trial by jury. Execution In witness whereof;the parties hereto have made and executed the Agreement as of the day and first above written. CLIENT SWANSONHASKAW CONSULTING,LLC Jennifer Haskamp,President I Principal Printed Name Date Addendum 3 to Master Services Agreement ("MSA") dated , 2017 I. Cost and Fee Summary: The Project Proposal Not-to-Exceed value of$80,00o will accommodate the proposed changes and additional Stakeholder meetings with the allocation of the Health Living Grant as detailed in Sections II and II which follow. The Living Healthy Grant requires additional Services to the Project Proposal to complete. The additional Services are detailed within Section III b and c which follows.The estimate for the additional Services is approximately$8,870 with a not-to-exceed value of$io,000. Total Not-to-Exceed+Addendum 3 = $90,000 11. Changes to the Proposal The following changes and additions to the Project Proposal,where Project Proposal is defined within the MSA, are summarized below as discussed with City Staff on February 8, 2017: a. All Advisory Panel Meetings will be held in-person, and the scoped Virtual Advisory Panel meetings in the Proposal will be changed to in-person meetings. This result in three(3) additional in-person Advisory Panel meetings, and a cost difference of$boo based on the flat meeting rates defined within the Proposal. b. The City would like to hold in-person stakeholder meetings as part of the public participation process. These meetings were not identified in the Proposal. The following stakeholder groups are identified: i. Cimarron/FamilyMeans ii. South of loth Street Homeowners Association(HOAs) iii. Church/Faith Groups/Civic Organizations/Schools iv. Rural Residential v. Tri-Lakes Area/Lake Association vi. Village Area/Business Association C. The additional stakeholder meetings result in additional Services totaling approximately$6,340 (includes meeting attendance and meeting preparation) d. Schedule has been amended to reflect additional meetings and is attached to this Addendum. III. Living Healthy Grant Money Allocation a. SHC has reviewed the Living Healthy grant which was received by the City after the Proposal was submitted. Some of the objectives associated with the Living Healthy grant can be accommodated within the existing scope as follows: i. Advisory Panel Meetings (9): $ioo of each meeting billed against the grant ($90O) 02/17/2017 Draft Addendum#3 to MSA dated 12017 1 I Staff Meetings (8): $1oo of each meeting billed against the grant($800) iii. Stakeholder Meetings(6): $1oo of each meeting billed against the grant($600) iv. Park Commission Meetings (2): $250 of each meeting billed against the grant ($500) b. The Living Healthy Grant details the expectation of going out to the public to solicit information. Staff identified 4-5 events throughout the duration of the Project where SHC and staff would attend to solicit feedback. Attendance and preparation for these events results in additional Services totaling approximately$4,600. c. To incorporate the elements of Living Healthy Grant throughout the document in plan components and mapping results in an additional Services totaling approximately $4,270. 02/17/2017 Draft Addendum#3 to MSA dated 12017 2 THE CITY OF LAKE ELMO STAFF REPORT DATE: 7/17/2018 REGULAR ITEM#: 26 MOTION TO: City Council FROM: Rob Weldon, Public Works Director AGENDA ITEM: Water Meter Replacement REVIEWED BY: Kristina Handt, City Administrator Amy LaBelle, Accountant BACKGROUND: The City of Lake Elmo provides water to nearly 4,000 residents through 1,300 metered connections, (2017 numbers as reported to MN-DNR). With just over 1,300-metered connections,it has been discovered that approximately 108 water meters have failed and are not recording reads that are required to create accurate quarterly billing. These accounts and quarterly water usage bills are estimated and not accurate. Many of the accounts with malfunctioning meters have been estimated for years, if not decades. In an attempt to acquire reads from malfunctioning meters Finance and Public Works have created a reading route that requires staff to enter inside residential and commercial properties to obtain meter readings manually. Implications from estimated water consumption for a large amount of meters results in improper billing and inaccurate reporting to MN-DNR for annual water usage, which could result in loss of revenue and fines levied to the city. ISSUE BEFORE COUNCIL: Based on the recommendation of the Finance Committee, should the City Council approve the purchase of 108 water meters and recommend hiring of an independent contractor to conduct replacement of failed water meters? PROPOSAL DETAILS/ANALYSIS: If approved by City Council, a licensed and insured independent contractor would be hired by the city to change out up to 108 water meters that exist in the city's distribution system. Some of these meters are larger volume users with meters over 1" in size. The hired contractor would be responsible for scheduling, replacement and providing data of the new meters. All of the new meters would be purchased and inventoried by the city,with failed meters being returned to the city.New meters purchased will also be compatible with the city's current radio read system. By hiring and utilizing, an independent contractor to conduct this meter change out it is achievable to complete the replacement of the failed meters prior to 4' Quarter 2018 utility billing. An undertaking of this size, is not practical with the current staff size and work load of the Public Works and Finance/Utility Billing Departments of the city. This will also help simplify the overall utility billing process and produce more accurate numbers required for billing and annual reporting. FISCAL IMPACT: $43,000 meters(Included in the 2018 Water Utility Budget) $9,000 contractor Total$ 52,000 (not to exceed) hi 2017,as part of the 2018 CIP, $47,000 was approved to purchase meters needed to complete change out of failed and old meters citywide. Contractor cost would be charged and split between both Water and Sewer Utility Budgets. OPTIONS: • Approve purchase of meters and contracting out replacement. • Deny purchase of meters and contracting out replacement. • Table for further discussion. RECOMMENDATION: "Motion to recommend the purchase of 108 water meters and authorize hiring of HydroCorp Inc. to conduct scheduling and replacement of new water meters." ATTACHMENTS: • HydroCorp Inc. Quote • Midwest Testing Quote • Core and Main—Meter pricing PROPOSAL WATER METER REPLACEMENT HYDRO O R P- SERVICESTHE SAFE WATER AUTHORITY- CROSS-CONNECTION CONTROL/ BACKFLOW PREVENTION WATER SYSTEM SURVEYS/AUDITS CITY OF LAKE ELMO PIPE SYSTEM MAPPING AND LABELING 3800 LAVERNE AVENUE NORTH WATER SAMPLING LAKE ELMO, MN 55402 AND ANALYSIS/ RISK ASSESSMENTS J U N E 19T", 2018 PROGRAM AND PROJECT MANAGEMENT COMPLIANCE ASSISTANCE/ DOCUMENTATION • KEEPING DRINKING WATER a SAFE FOR INDUSTRIES puthor{zsd Watar Utility Contractor AND MUN I C I PAL I T I E S wa�ee W. re toed Ir.weer clog water Metara ROC For over 30 years, HydroCorpT" has been dedicated to safe I drinking water for companies and communities across North America. Fortune 500 firms, metropolitan centers, LAKE ELMO OFFICE utilities, small towns and businesses — all rely on 8530 Eagle Point Blvd. Suite 100 HydroCorp to protect their water systems, averting Lake Elmo, MN 55402 800.315.4305 TOLL FREE backflow contamination and the acute health risks and financial liabilities it incurs. PROJECT CONSULTANT: Gary McLaren 262.951.0059 CELL gmclaren@hydrocorpinc.com EMAIL 6 Table of Contents 1. PROJECT WORK PLAN.....................................................................................................................................2 1.1. Goals Of The Water Meter Replacement Process........................................................................2 2. WATER CUSTOMER CARE AND ADMINISTRATION PROCESS............................................................2 2.1. Template Notices....................................................................................................................................2 2.2. Online Appointment Website.............................................................................................................2 2.3. Live Digital Records and Database—City Can Print When Necessary...................................2 3. SCOPE OF WORK..............................................................................................................................................4 4. CONTRACT PRICING ........................................................................................................................................5 S. BACKGROUND...................................................................................................................................................6 5.1. The HydroCorp Promise........................................................................................................................6 5.2. Company Overview................................................................................................................................6 5.3. Office Address & Contact Information ............................................................................................7 6. PERSONNEL........................................................................................................................................................8 7. REFERENCES—COMMERCIAL AND INDUSTRIAL PROGRAM CLIENTS..........................................10 8. LETTERS OF REFERENCE— EXHIBIT A......................................................................................................11 WATER METER REPLACEMENT PROPOSAL I City of Lake Elmo 5.19.2018 1 hydrocorpinc.com Page 1 0 1. PROJECT WORK PLAN 1.1. Goals of The Water Meter Replacement Process • Cost effectively replace residential water meters for the City of Lake Elmo. • Provide quality water customer care throughout the project. • Create an accurate record of each meter replaced and new meter installed. 2. WATER CUSTOMER CARE AND ADMINISTRATION PROCESS 2.1. Template Notices HydroCorp provides effective notification letters templates to the City for notification to home owners. Standard notice letter includes a simple website address to and toll-free phone number for meter replacement appointments.After the City sends out the postal notices to selected water customers, owners can use either online or phone method to set their specific time and day of meter replacement. 2.2. Online Appointment Website HydroCorp coordinates water customer appointments via a secure third-party software platform which allows water customers to make their own appointment dates and times. HydroCorp also secures appointments when water customers call our toll-free appointment number and speaks with one of our full-time program administrators for appointment confirmation. Example on page 3. 2.3. Live Digital Records and Database—City Can Print When Necessary HydroCorp utilizes Tablet Computer Systems during the meter replacement process.The Meter Technician documents all necessary existing meter details and new meter details into a digital record for each meter replaced. Digital images of each existing in place meter and new replacement meter are included within each meter record. A securely stored database is created during the entire replacement process and provided at end of project in Microsoft Excel format. WATER METER REPLACEMENT PROPOSAL I City of Lake Elmo 5.19.2018 1 hydrocorpinc.com Page 2 0 Example of Online Water Customer Appointment Portal: y f fa Q HYDROCORR rrE sn�c wnreA war wcn"rv. INDUSTRIAL MUNICIPAL FEDERAL ABOUT US RESOURCES BLDG CONTACT CITY OF HASTINGS tS57 Hastings - 1225 Progress Drive,Hastings,MN 55033 I Phone 651-490-2350 Water Meter Change-Out Program The City of Hastings has contracted with HydroCorp to install new Sensus iPerl Water Meters.Your cooperation is requested to help the process flow smoothly and assist the city in upgrading their water meter system. Scheduling Click on the button below to schedule an appointment and choose a convenient time for your service. 1111=2111111 49 Additional Check Your Valve(s):This is an appropriate time to update old shutoffs. Consideration: Ks possible that,during meter replacement,an old or damaged water shutoff valve can break.Ifthis occurs,repairs are the homeowners responsibility,not the contractor's. I Gate valves(left)are more likely to break during shutoff.-Consider updWng. Lever-handled ball-valves(right/are less likely to break after prolonged disuse. Prior to scheduling the installation of your new meter,it is highly recommended that property owners check their existing shutoff valve for proper operation.If it the valve is not functioning properly,repairs should be made prior to the installation.A State of Minnesota Licensed Plumbing Contractor must be used to perform this service.Here are a couple of options with estimated pricing: Your Water Meter Installation Team x' Tyler Yang Matt Hetrick Rick K Please feel free to call our toll free number,900-315-4305 to schedule an appointment or for any further questions or via email:info@hydrocorpinc.com WATER METER REPLACEMENT PROPOSAL I City of Lake Elmo 5.19.2018 1 hydrocorpinc.com Page 3 0 3. SCOPE OF WORK HydroCorp to provide the following services: A. Provide postal notification to inform selected residential water customers of required meter replacement during a specific date range specified in the letter. City shall assist in residence access if no response to appointment is made after two attempts by HydroCorp. C. Devise and host a dedicated website page for setting appointments with water customers at specific intervals during normal business hours.Water customers will have access to schedule their own appointments via a free and secure appointment website system. Website link to be presented on postal notices and City of Lake Elmo website. Example:http://www.hydrocorpinc.comlhudsonl D. Provide full---time Toll Free 800 number phone support for customer questions and appointment Requests by HydroCorp Administration Staff. Direct phone contact to HydroCorp staff will be available 8:30AM-5PM,five days per week excluding holidays. E. HydroCorp reserves the right to determine safe operating condition of water shut off control valves prior to performing any meter replacement work. Curb stop shutoff by Utility Staff may be an option if available at a mutually agreed time between Water Utility Technician, HydroCorp Technician and Homeowner. Control valves appearing to be in questionable condition or potentially leaking/prone to failure will be required to be replaced or repaired at the cost of building owner prior to any meter upgrade work being performed by HydroCorp. F. Document in electronic format; relevant identification numbers and meter readings of each existing and new meter installed by HydroCorp. G. Electronic documentation format will be in electronic for each meter replaced. H. Retrieve all new meters,wiring materials, fittings and gaskets as provided by the City on a daily basis during normal working hours. Any additional materials necessary for replacements will be an additional fee. New meters will be available in a designated area at the water meter shop. I. Install new water meter, associated fittings and gaskets as provided by the City. Cancelled appointments will result in additional $85 per cancellation.Additional $85 will apply when water customer reschedules and meter is replaced. J. HydroCorp Technician shall verify activation of each meter installed, re-establish water supply and verify full water pressure at nearest tap for 30 seconds. K. Reported leaks at meter junction or service control valve within 24 hours (Monday—Friday) after meter replacement will be addressed within a 24-hour period of notification to HydroCorp. L. Deliver removed (old) meters and transmitters to a designated area of the water meter shop on a daily basis. City to provide all necessary equipment for signal test and activation of Sensus Meter. WATER METER REPLACEMENT PROPOSAL I City of Lake Elmo 5.19.2018 1 hydrocorpinc.com 6 4. CONTRACT PRICING Existing Meters to be replaced Unit Price: Total Price Qty. 183 %" Residential Meters—Sensus .............................................. $80.00..........................$14,640.00 1 1" Non-Residential Meter—Sensus .........................................$92.00..................................$92.00 11 1 %2" Non-Residential Meter—Sensus .................................. $129.00............................$1,419.00 5 2" Non-Residential Meter—Sensus ...................................... $230.00............................$1,150.00 Total Project Price $17,301.00 Signature of Person Submitting Proposal: Gary McLaren LAP lid __ Company/Title: Regional Sales Manager, Minnesota Office HydroCorp Date: June 191", 2018 Submitted by: HydroCorp—Minnesota Regional Office 18530 Eagle Point Blvd.,Suite 100 I Lake Elmo, MN 55402 Gary McLaren 1 262-951-0059 Igmclaren@hydrocorpinc.com Accepted by: X City Representative(Signature) Date Print Name: WATER METER REPLACEMENT PROPOSAL I City of Lake Elmo 5.19.2018 1 hydrocorpinc.com Page 5 6 S. BACKGROUND 5.1. The HydroCorp Promise HydroCorp is the Safe Water Authority.T" It is our duty to provide the most precise and comprehensive technical services in the industry. It also means delivering those services with expert knowledge, professionalism, and sensitivity to budgets and schedules—the highest standard of water safety oversight, combined with the highest value. The Result—Your water system is compliant. Your risk and exposure are reduced. Your water—and your people—are protected. 5.2. Company Overview • Founded in 1983 and incorporated in 1988. • The firm has grown from two employees to a staff of over 40 full time associates in multiple states. Average tenure with the company is 7 years and employee turnover is less than 10%. • HydroCorp Conducts over 25,000 on site, Cross-Connection Control Inspections annually. • HydroCorp provided Cross-Connection Control Program Management Services to over 240 communities in several states including: Michigan, Wisconsin, Delaware, Maryland, Virginia, Florida and Minnesota. We still have our first customer! • Our highly trained staff works in an efficient manner in order to achieve maximum productivity and keep program costs affordable. We have a detailed system and process that each of our field inspectors follow in order to meet productivity and quality assurance goals. • Our municipal inspection team is committed to providing outstanding customer service to the water users in each of the communities we serve. We teach and train customer service skills in addition to the technical skills since our team members act as representatives of the community that we service. • Our municipal inspection team has attended training classes and received certification from the following recognized Cross Connection Control Programs: OF TREED, UW-Madison, USC— Foundation for Cross Connection Control and Hydraulic Research, American Backflow Prevention Association (ABPA), and American Society for Sanitary Engineering(ASSE). We invest heavily in internal and external training with our team members to ensure that each Field Service and Administrative team member has the skills and abilities to meet the needs of our clients. • Our administrative staff can answer most technical calls related to the cross-connection control program and have attended basic cross-connection control training classes. • HydroCorp staff and company are active members in many water industry associations including: o American Water Works Association (AWWA) I AWWA—Wisconsin Chapter o National Rural Water Association (NRWA) I Wisconsin Rural Water Association o American Public Works Association (APWA) • HydroCorp is not a Plumbing Company and does not utilize existing staff to perform backflow prevention assembly testing, repair or plumbing related services. WATER METER REPLACEMENT PROPOSAL I City of Lake Elmo 5.19.2018 1 hydrocorpinc.com Page 6 0 5.3. Office Address & Contact Information Regional HydroCorp—Minnesota Office Office: 8530 Eagle Point Blvd., Suite 100 Lake Elmo, MN Contact: Gary McLaren Telephone: 800.315.4305 Emergency: 262.951.0059 Email: gmclaren@hydrocorpinc.com Corporate HydroCorp—Corporate Office Office: 5700 Crooks Rd., Ste. 100 r (Remit to Troy, M 1 48098 Address) Telephone: 800.690.6651 or 248.250.5000 Legal S-Corporation, 1988 E.I.D. 38- MN Office (Above) Corporate Office(Below) Status: 2810008 r �?- WATER METER REPLACEMENT PROPOSAL I City of Lake Elmo 5.19.2018 1 hydrocorpinc.com Page 7 0 6. PERSONNEL DAVE CARDINAL I Vice President, Operations, Municipal Division Dave has over twenty years' experience as a water professional and has a successful record of accomplishments in the cross-connection control industry. Experienced in program development, project management, developing and conducting employee education and training programs, developing and instructing State certified education and training classes, quality assurance, customer service, and client satisfaction. Experience,Training, Certifications: •American Backflow Prevention Association (ABPA), MI Chapter,Vice President •American Society of Sanitary Engineering(ASSE) Series 5000 Proctor •American Society of Sanitary Engineering(ASSE) Standard#5110 Certified Backflow Prevention Assembly Tester—Certification#26905 •Michigan Certified Backflow Prevention Assembly Tester Certification—2010, Certification #MPMCA- 26905 •Dale Carnegie—Management Training for Managers 2005 •University of Florida—TREEO Center Cross-Connection Program Management Certification •University of Southern California Foundation for Cross-Connection Control and Hydraulic Research— Backflow Prevention Assembly Tester, 1997 Scott Mitchell I Operations Manager, Midwest Region-Municipal Division Scott has been a member of the HydroCorp team since 2012. Previously, he held numerous positions with West Bend Water Utility since 1986 including Plant Operator, Computer Control Supervisor,Water Superintendent and acting Water Manager. He currently oversees operational and administrative services for cross-connection control and water meter installation programs in the HydroCorp Midwest Region. Scott has had extensive training in computer science at Moraine Park Technical College in Fond du Lac,WI and has experience in PLC programming and controls systems. In addition, Scott holds the following certifications: •WI DNR Operators Certificate—Grade 1,#21756 •WI Cross Connection Control Tester License—#1408089 •ASSE 5120 Cross Connection Control Surveyor Certification—3056 WATER METER REPLACEMENT PROPOSAL I City of Lake Elmo 5.19.2018 1 hydrocorpinc.com Page 8 6 TYLER YANG I Project Manager, Water Meter Installation, Municipal Division Tyler manages a team of three water meter installers and oversees all water meter installation projects throughout the company. He has completed over 10,000 water meter installations of various meter manufacturers (Neptune, Kamstrup, Sensus) and previously was the lead meter installer overseeing a crew of 10 for a one of nation's leading waterworks suppliers. Tyler takes great pride in his work and enjoys interacting with homeowners and answering any questions they may have during the change-out process. He also performs Cross-Connection Control inspections to ensure hazardous connections to drinking water supplies are eliminated. •ASSE#5120 Certified Cross Connection Control Surveyor •Associate's degree in Law Enforcement from Rasmussen College in Brooklyn Park, MN Program Administration and Water Customer Care Team Ryan Hensley Program Administration Manager 800.690.6651 ext. 5026 Nancy Essers Water Customer Appointments 800.315.4305 Sandy Redlin Program Administrator 800.690.6651 ext. 5034 WATER METER REPLACEMENT PROPOSAL I City of Lake Elmo 5.19.2018 1 hydrocorpinc.com Page 9 0 7. REFERENCES-COMMERCIAL AND INDUSTRIAL PROGRAM CLIENTS a) City of La Crosse—Cross Connection Program & Meter Replacement Appointments 400 La Crosse St, La Crosse,WI 54601 Mark Johnson,Water Utility Manager, johnsonm@cityoflacrosse.org 1608.789.7536 b) City of Hudson Water Utility—Meter Replacement Program 505 Third St. Hudson, WI 54106 Kip Peters, Manager kpeters@ci.hudson.wi.us 1715.386.4760 c) City of Prescott—Meter Replacement Program 800 Borner St. Prescott, MN 54021 Hank Zwart, Superintendent, hzwart@prescottcity.org 1 715.262.5544 d) City of Glendale- Meter Replacement Program 5909 North Milwaukee River Parkway Glendale, WI 53209 Shawn Lanser, Finance Director,S.Lanser@glendale-wi.org 1414.228.1700 e) City of Niagara, WI - Meter Replacement Program and Cross-Connection Program 1029 Roosevelt Road Niagara, WI 54151 Ron Rugg, DPW Director Iwierschke@cityofniagara.org 1715.251.3235 f) HydroCorp maintains multi-year contracts for municipal Cross-Connection Program and Potable Water Services for an additional 135 public water systems in Wisconsin. Municipal contracts are also maintained with clients in MI, DE, MD,VA, FL and MN. Complete list available upon request. g) HydroCorp Industrial Clients for Cross-Connection Surveying and Water Quality Compliance Services include Ford Motor Company, Fiat Chrysler Automobiles (FCA), General Motors, Honeywell. HydroCorp has conducted Cross-Connection Surveys in Wisconsin for multiple NuPage Paper Mills, Land O Lakes Dairy Plants, Del Monte Food Processing, American Foods Meat Processing and 3M Manufacturing. WATER METER REPLACEMENT PROPOSAL I City of Lake Elmo 5.19.2018 1 hydrocorpinc.com Page 10 0 8. LETTERS OF REFERENCE - EXHIBIT A �$GO� 800 Borner St. Prescott,WI 54021 Phone 715-262-5544 November 10,2016 HydroCorp,Inc. 5700 Crooks Road,Suite 100 Troy,M148098 RE:Meter installations and Cross Connection Surveys DJ Schneider Tony Averbeck Sandy Redlin Nancy Essers Tyler,Chris,Matt&Jerry, I want to thank all of you for the workyou have done and continue to do for the City of Prescott. Our project of installing new water meters and performing cross connection surveys at the same time for all 1893 accounts in the City went extremely well.The pre-planning and appointment scheduling by Hydro Corp was key to a smooth and efficiently run project.It was evident from phone calls received at City Hall that the professional and courteous staff at Hydro Corp made it easy for our customers to help make the project run well.This was especially noticeable when we reduced the project completion time frame from 9 months to 90 days.Thiswas possible because of the excellent way Hydro Corp planned for and performed our project with well-trained installers.While a bit hectic at times,it was worth it to have the project finished and behind us quickly.The flexibility Hydro Corp had to digitally collect extra field information for us while on site was instrumental in helping update our GIS and meter reading mapping software.I would recommend Hydro Corp to anyone contemplating a meter or cross connection program. Sincerely, Hank Zwart Director of Public Works 800 Borner St Prescott WI 54021 WATER METER REPLACEMENT PROPOSAL I City of Lake Elmo 5.19.2018 1 hydrocorpinc.com Page 11 Midwest Testing LLC. Estimate 2091 Sorensons Rd. Mora, MN 55051 Date Estimate# 6/27/2018 598 Name/Address City of Lake Elmo 3800 Laverne Ave.No. Lake Elmo,MN 55042 Project Description Qty Rate Total Quote-Water Meter Installation Project R&R of 5/8"to 1"water meter 1 67.00 67.00 R&R of 1 1/2"water meter 1 180.00 180.00 R&R of 2"water meter 1 225.00 225.00 Wire to outside of house if needed 1 25.00 25.00 Mobilization 1 1,500.00 1,500.00 Midwest Testing to supply:labor,tools,call center,hand helds for programming and an electronic file. Lake Elmo to supply:All water meters,radio's,gaskets,wire,hardware for 1 1/2"and larger meters,curb stops if needed and send out notices. Midwest Testing will not be installing any valves or replumbing if needed at the homes or businesses. Subtotal $1,997.00 Sales Tax (0.0%) $0.00 Total $1,997.00 COREzM Customer: City of Lake Elmo Corey Luft Location: Lake Elmo, MN 612-270-3148 Date: 6/18/2018 corey.luft(a�coreandmain.com Qty Description Unit Price Total Meters 1 3/4"S iPERL Water Meter ( 7.5" lay length) $ 128.00 1 1" iPERL Water Meter $ 198.00 1 1.5" OMNI T2 Water Meter (Turbo) $ 850.00 1 1.5" OMNI C2 Water Meter (Compound) $ 1 ,220.00 1 2" OMNI T2 Water Meter (Turbo) $ 995.00 1 2" OMNI C2 Water Meter (Compound) $ 1 ,390.00 Radios 1 510M Single Port 3 Wire SmartPoint $ 119.00 Meter Couplers and Flanges 1 3/4" Meter Coupler $ 8.75 1 1"x Meter Coupler $ 14.50 Pair 1.5" Meter Flange Kit (2 flanges-gaskets-bolts) $ 30.00 Pair 2" Meter Flange Kit (2 flanges-gaskets-bolts) $ 30.00 Total Pricing Good thru 12/31/2018